Counseling client on fraud Archives

Counseling client on fraud

Speaking of Fraud…ABA Op. 491 Clarifies a Lawyer’s Duties To Avoid Counseling Fraudulent Conduct

by Jan Jacobowitz in ABA, ABA Model Rule 1.1, Advisory Opinion, American Bar Association, Attorney Client Relationship, Client Communication, client confidentiality, Ethics Opinion, legal ethics. Posted May 4, 2020

A lawyer's duty to avoid counseling or assisting in illegal conduct is often discussed in the context of litigation-- for example the production of fraudulent documents or dishonest testimony. Fraud

[…] of a non-binding advisory opinion, as has been the case with other jurisdictions such as, Florida, San Francisco, and Delaware, it is important to note that Ohio went a step further and amended its rule regarding […]

Remote Lawyering: New Jersey and Ohio On Board - Legal Ethics Advisor on Remote Work: San Francisco Bar Association Advice in Ethics Opinion 2021-1
Not all jurisdictions have adopted the Model Rule version of the choice of law rule; seems like there might be a different result in at least some of those states. See, e.g., NY RPC 8.5(b)(2)(i) ("If the lawyer is licensed to practice only in this state, the rules to be applied shall be the rules of this state").

Art Lachman on ABA Opinion 499 Green Lights Lawyers’ Passive Investment in Firms with NonLawyer Ownership

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