Must Lawyers Now Affirmatively Challenge Their Clients? New ABA Guidance
Program Number
Program Date
CLE Credits
Lawyers are trusted keepers of their clients secrets, but sometimes a lawyer might suspect that the client is seeking the lawyers advice or assistance to carry out a transaction that is criminal or fraudulent. Existing Rule 1.2(d) of the American Bar Associations Model Rules of Professional Conduct prohibits lawyers from counseling clients to engage in activity the lawyer knows is fraudulent. But what if the lawyer strongly suspects nefarious aims, but does not have actual knowledge? On April 29, 2020, the ABA issued Formal Opinion 491, in which it advised that lawyers have a duty to inquire further if the facts known establish a high probability that the client is seeking to use the lawyers services to commit a crime or a fraud. The panel of distinguished ethics professionals will explore the contours of this duty to inquire, with concrete guidance and examples of scenarios in which the issue might arise. The panel will also discuss how this applies to prior guidance from the ABA regarding client due diligence in the context of money laundering and terrorist financing.
Available in States
- California
- Georgia
- New Jersey
- New York
- Texas Self Study
Program Categories
- Administrative Law & Regulations
- Arbitration & Alternative Dispute Resolution
- Complex Litigation
- Complex Resolution Strategy
- Criminal Law & Procedure
- Criminal Law & White Collar
- Criminal Practice & Procedure
- Dispute Resolution
- Ethics & Professionalism
- Federal Courts
- Fraud Schemes
- In-House Counsel
- Law Practice Management
- Litigation & Litigation Skills
- Litigation and Appeals
- Negligence, Malpractice & Personal Injury
- Terrorism
- Trial Skills
- White Collar
PROGRAM CREDITS
- Legal Ethics : 1 Credit
