Crime/Fraud

Question 1

When must a lawyer withdraw from representation?

Answer 1

if the client’s course of action (in terms of crime/fraud) has already started and is continuing.

Question 2

Duty re crime/fraud

Answer 2

a lawyer may not counsel or assist a client in conduct that the lawyer knows is criminal or fraudulent

Question 3

Counseling and crime/fraud

Answer 3

An attorney can discuss legal consequences of a certain course of action. They can also counsel the client help them make a good faith effort to determine the validity, scope, meaning, or application of a law.

Question 4

Permitted disclosure prior to fraud

Answer 4

Permissive!
A lawyer may disclose information if
1. client used or is using the lawyers services to commit crime/fraud; and
2. The crime/fraud is reasonably certain to substantially harm someones financial interests or property
3. The lawyer reasonably believes that disclosure is necessary to prevent crime/fraud

Question 5

Permitted disclosure after fraud

Answer 5

Permissive!
A lawyer may disclose information if:
1. the client used the lawyers services to commit crime/fraud; and
2. The crime/fraud is reasonably certain to substantially harm someones financial interests or property
3. The lawyer reasonably believes that disclosure is necessary to prevent, mitigate, or rectify crime/fraud