Monday, Oct. 24, 1988

Blind Justice

How far can the principle of lawyer-client confidentiality be pushed? According to a ruling handed down in West Palm Beach, Fla., last week, in certain circumstances an attorney can even withhold his client's name. The odd case, which has stirred intense interest in legal circles, grows out of the death of Mark Baltes, a 28-year-old electrician killed by a hit-and-run driver in 1986. The driver was never caught, but the day after the accident, attorney Barry Krischer was visited by someone who would say only that he or she -- the gender has not been revealed -- may have been involved. The visitor asked Krischer to discuss a possible plea bargain with prosecutors but without revealing a name. The prosecutors refused the anonymous dealing. Baltes' parents brought a $6 million damage suit against the unnamed figure and sought to compel Krischer to provide the name. But state circuit-court Judge Timothy Poulton ruled that under Florida statutes protecting lawyer-client relationships, Krischer could keep mum. It was hard to rule against the parents, said the judge, "but I am convinced the law requires it." The Baltes vowed to appeal.