Ethics Hotline & Opinions

ETHICS DOCKET NO. 1989-37

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MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1989-37

ATTORNEY'S DUTY TO DISCLOSE ETHICS VIOLATION IN RELATION TO CONFIDENTIALITY ORDER


Your letter indicates that you are currently a Plaintiff in a less than amicable divorce proceeding. You indicate that you husband, also an attorney, has violated the Maryland Rules of Professional Conduct. You've indicated that you have an obligation to report these matters to the Attorney Grievance Commission but before filing such a report, you request the Committee's advice as to the affect on your duty of a Confidentiality Order which has been issued by the Judge in the domestic case. You have enclosed a preliminary copy of the Order titled Protective Order but have not provided a final copy, although you indicate that you believe that the final order is substantially the same.

This Committee has long taken the position that it will not opine on matters involved in pending litigation nor will it opine on matters of law. Since your inquiry relates to pending litigation and at least, in part, calls upon us to render a legal opinion as to the affect of a court order, we must respectfully decline to render a substantive opinion to your inquiry.


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DISCLAIMER: Opinions of the Maryland State Bar Association (MSBA) Ethics Committee are an uncompensated service of the MSBA. This Committee’s opinions are not binding on the Maryland Court of Appeals, Maryland Attorney Grievance Commission, MSBA or this Committee. The reader is advised that subsequent judicial opinions, revisions to the rules of professional conduct, and future opinions of this Committee may render the Opinions stated herein outdated. As such, the Committee’s opinions are advisory only and neither the Committee nor the MSBA assumes any liability whatsoever with respect thereto. Accordingly, reliance upon the opinions of this Committee is solely at the risk of the user.