An attorney represents a client in a criminal matter. During a confidential conversation, the client informs the attorney that they intend to flee the country to avoid prosecution and asks the attorney for advice on how to do so without being detected. The attorney is ethically obligated to:
- AAdvise the client on the legal consequences of fleeing and discourage them, but not disclose the intent.
- BInform the court or relevant authorities of the client's intent to flee.
- CAssist the client in finding non-traceable travel routes out of the country.
- DMaintain strict confidentiality regarding the client's stated intent to flee.
Show answer & explanationAnswer & explanation
Correct answer: A. Advise the client on the legal consequences of fleeing and discourage them, but not disclose the intent.
An attorney cannot counsel a client to engage, or assist a client, in conduct that the attorney knows is criminal or fraudulent. While the attorney must maintain confidentiality, they also cannot facilitate the client's criminal act (fleeing to avoid prosecution). The appropriate action is to advise against the unlawful conduct and explain the consequences, but not disclose the confidential communication unless an exception applies (e.g., to prevent substantial bodily harm or death, which is not present here).
Why the other options are wrong
- B. Disclosing the client's intent to flee, while a future crime, is generally not an exception to confidentiality under Model Rule 1.6 unless it involves substantial bodily harm or death. Fleeing prosecution, while a crime, typically doesn't meet this threshold for mandatory or permissive disclosure.
- C. Assisting a client in fleeing the country to avoid prosecution would constitute aiding and abetting a crime, a clear violation of Model Rule 1.2(d) and other ethical rules.
- D. Maintaining strict confidentiality without addressing the unlawful request would implicitly condone or fail to discourage the criminal act, which is insufficient.
Future Criminal Conduct
An attorney cannot assist a client in future criminal or fraudulent conduct, but generally cannot disclose confidential information about such intent unless a specific exception (e.g., imminent death/bodily harm) applies.
- Duty not to assist client in crime/fraud.
- Confidentiality still applies to client's intentions.
- Attorney must advise against unlawful acts.
- Disclosure is rare, limited to specific exceptions like preventing death/substantial bodily harm.
Memory trick: No help for future crimes, but keep the secret unless it's deadly.