Opinion

Committee on Professional Ethics & Conduct of the Iowa State Bar Ass'n v. Mollman

  • 488 N.W.2d 168
  • 1992 Iowa Sup. LEXIS 258
  • 1992 WL 133289
Court
Supreme Court of Iowa
Filed
Jun 17, 1992
Status
Published
Author
Carter
On the bench
McGiyerin, Carter, Neuman, Snell, Andreasen
Cited by
3 cases

thirty-day suspension for secretly recording former client to implicate him in drug dealing

How later courts described this case

  • thirty-day suspension for secretly recording former client to implicate him in drug dealing
  • questioning advisory opinion’s broad application to even private recordings
  • interpreting DR 1-102(A)(4), the predecessor to rule 32:8.4(c)

Written by the judges who cited it.

The opinion

CARTER, Justice

(concurring specially).

I concur in result. I believe that, irrespective of whether attorney Mollman communicated a disclaimer of any potential attorney-client relationship, Johnson nevertheless was relying on Mollman for legal advice. For that reason, he undoubtedly made statements that otherwise would not have been forthcoming. I believe that Mollman’s conduct therefore violated DR 4-101(B) (lawyer shall not knowingly use the confidence or secret of a client to lawyer’s own advantage).

*174 I do not, however, share the court’s reluctance to squarely pass on the validity of ABA Formal Opinion 337 or Committee on Professional Ethics and Conduct Formal Opinion 83-16 (1982) vis-a-vis the Iowa Code of Professional Responsibility for Lawyers. I believe that, in most instances, the practices that those opinions prohibit more nearly foster a search for truth and honest dealing than do the prophylactic rules that those opinions lay down. Consequently, as presently written, I would not approve those opinions as guidelines to which Iowa lawyers must give allegiance.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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