These summaries were prepared by McGuireWoods LLP lawyer Thomas E. Spahn. They are based on the letter opinions issued by the Virginia State Bar. Any editorial comments reflect Mr. Spahn's current personal views, and not the opinions of the Virginia State Bar, McGuireWoods or its clients. 
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17-Fraud on the Tribunal

It has "come to the attention" of a lawyer that the lawyer's clients may not have advised the bankruptcy trustee of potential assets. Whether this amounts to fraud on the tribunal is a question of law beyond the Bar's jurisdiction. If it is fraud on the tribunal, the lawyer would have an ethical obligation to reveal the fraud or an intent to commit a crime. [The Bar did not analyze the "clearly establishes" component of the test under Rule 1.6, and it seems that the client did not acknowledge the fraud.]

Copyright 2000, Thomas E. Spahn