Many representations are after-the-fact affairs, meaning the lawyer is hired to review a client's past conduct and provide advice or a (criminal or civil) defense of that conduct. At that time, what's done is done. But that is not how all representations occur. In their role as advisers, attorneys are also asked to opine on a course of conduct before it occurs, as the client weighs its options.

In such circumstances, lawyers typically discuss the pros and cons, including the associated risks. But this advice can get much more complicated where the client is considering conduct that might break the law. If the client is determined to act in a certain way notwithstanding the law, there can be a tension between, on one hand, a lawyer's obligation to uphold the law and, on the other hand, the obligation to protect the client's rights.