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B-200187 1 (1981-02-20)

handle is hein.gao/gaobabjyt0001 and id is 1 raw text is: 








GAO
United States General Accounting Office
Washington, DC 20548


Mr. S. Leigh Curry, Jr.
Acting General Counsel
Department of Housing and
  Urban Development
Washington, D.C.   20410


Office of
General Counsel


           In Reply
           Refer to:
February 20, 12981


Dear Mr. Curry:


     This is in reply to a letter from the Deputy General
Counsel, Department of Housing and Urban Development (HUD)
requesting jhe opinion of the General Accounting Office
(GAO) relating to therights of HUD auditors to review
case files a      -, obtain the ame. an:1 @11    of lioJt
serviced under HUD grantsjby legal associations also funded
by the Legal Services Corporation (LSC), 42 U.S.C. § 2996.

     The 1etter-.discloses thatfCthree organizations''the
Evergreen Legal Servicest Snohomish County, Washinqton;
Northwestern Legal Services, Erie, Pennsylvania; and Legal
Assistance of Ramsey County, St. Paul, Minnesota; which are
in part funded by the LSC and which have also received HUD
Community Development Block grants for housing counseling
services have refused to permit HUD access to the case
files in connection with HUD audits of the grants.  The
Legal Services Corporation 1/ and the legal associations
involved, believe that to permit HUD to examine the files
which contain information identifying the clients would vio-
late the ethical obligation of an attorney to preserve the
confidences and secrets of his clients. HUD, on the other
hand, questions whether the attorney-client privilege
could be properly asserted in this instance where




1/ The LSC has the responsibility to insure that all
    attorneys, while engaged in legal assistance act-
    ivities supported in whole or in part by the Corpor-
    ation, refrain from * * * any * * * activity
    prohibited by the Canons of Ethics and Code of Pro-
    fessional Responsibility of the American Bar Asso-
    ciation * * *.  42 U.S.C. § 2996f(a)(10)  (1970).


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