Ethics Forum: Questions and Answers on Professional Responsibility
I am representing a client and I discovered the client has committed fraud in certain answers and documents. Can I continue to represent the client?
December 30, 2020 at 12:44 PM
7 minute read
If a lawyer knows a client is engaging in fraudulent or criminal conduct, the lawyer cannot assist in any way,
I am representing a client and I discovered the client has committed fraud in certain answers and documents. Can I continue to represent the client?
Samuel C. Stretton.
The answer is probably not, but it is a little more complicated than that. The starting point is Rule of Professional Conduct 1.2 involving scope of representation. Under Subsection D, the following is stated, "A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law." See Rule of Professional Conduct 1.2(d).
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