Attorney Green represents a client in a contentious divorce proceeding. The client informs Green that she intends to hide a significant sum of money from her spouse during the asset division process, explicitly asking Green for advice on how to do so without detection. Green explains that such action would constitute fraud on the court and advises against it. The client insists, stating she will proceed with or without Green's assistance. What is Attorney Green's ethical obligation?
- AGreen must withdraw from representation if the client persists in her intent to commit fraud.
- BGreen must advise the client that the information is confidential and cannot be disclosed, even if fraud occurs.
- CGreen must continue representation but avoid assisting the client in the fraudulent act.
- DGreen must disclose the client's intent to the court to prevent the fraud.
Show answer & explanationAnswer & explanation
Correct answer: A. Green must withdraw from representation if the client persists in her intent to commit fraud.
An attorney cannot counsel a client to engage, or assist a client, in conduct that the attorney knows is criminal or fraudulent. If a client insists on pursuing a course of action that the attorney knows is criminal or fraudulent, the attorney must withdraw from representation. Disclosure to the court is generally permitted only to prevent reasonably certain substantial bodily harm or certain financial/property harm, not typically to prevent a client's ongoing or future fraud on the court unless the jurisdiction specifically requires or allows it under specific circumstances not detailed here.
Why the other options are wrong
- B. While the initial communication is confidential, the attorney's duty not to assist fraud overrides confidentiality in this context, requiring withdrawal.
- C. While avoiding assistance is necessary, simply continuing representation while knowing the client intends fraud may imply tacit approval or enable the fraud.
- D. Disclosure to the court to prevent financial fraud is generally permissive, not mandatory, and withdrawal is the primary obligation when the client insists on future fraud.
Assisting Client Fraud (Future)
An attorney cannot counsel a client to engage in, or assist a client in, conduct the attorney knows is criminal or fraudulent. If the client insists on such conduct, the attorney must withdraw from representation.
- Applies to future or ongoing criminal/fraudulent acts.
- Attorneys have a duty to advise against such conduct.
- Mandatory withdrawal is required if the client persists.
Memory trick: Fraudulent plans, lawyer disbands.