Lawyer owes duty to client, not the court, in not disclosing client’s indictable offense.

In State v. Kane the Appellate Division held that a lawyer whose client pled guilty to driving on the revoked or suspended list was not obligated to inform the municipal judge or prosecutor that the client was subject to indictment and harsher penalities becuase her license had been suspended for DWI. Once a plea is entered at the municipal level, the State cannot indict the defendant because of double jeapordy protection. Lawyers can now breath easy that ethics charges cannot be brought for lack of candor to a tribunal.