Abstract

http://ssrn.com/abstract=1781013
 


 



Criminal Activities and Ethical Responsibilities


Barbara Glesner Fines


University of Missouri at Kansas City - School of Law

March 8, 2011

Family Advocate, Vol. 33, No. 4, Spring 2011

Abstract:     
This article addresses the question of a lawyers professional responsibility when a seemingly simple domestic relations case begins to turn into a major criminal catastrophe. Starting with ABA Model Rule 1.2(d) that an attorney “shall not counsel or assist in criminal or fraudulent conduct but may discuss the legal consequences of proposed conduct…”it analyzes the attorney’s responsibilities in the context of a hypothetical case involving hidden assets and misrepresented financial statements. Options to withdraw under Model Rule 1.16(b) are discussed along with the questions raised therefrom and the lawyer’s Model Rule 4.1(b) obligation not to knowingly fail to disclose material facts. From there the nightmare turns criminal as the hypothetical client is indicted raising issues ranging from emergency lawyering under Model Rule 1.1 to the lawyers own fees being subject to forfeiture. In conclusion it is nearly impossible to screen out every client who may bring criminal activities into family law representation. However, with careful research, clear communication, and documentation, a lawyer will be able to find a route out of the nightmare without being caught up in the criminal activity itself.

Number of Pages in PDF File: 12

Keywords: professional responsibility, legal ethics, domestic relations, model rules, criminal activity, client misconduct, forfeiture, emergency lawyering, attorney fees, divorce

JEL Classification: J12, J18, K10, K41, K42

Accepted Paper Series


Download This Paper

Date posted: March 10, 2011  

Suggested Citation

Glesner Fines, Barbara, Criminal Activities and Ethical Responsibilities (March 8, 2011). Family Advocate, Vol. 33, No. 4, Spring 2011. Available at SSRN: http://ssrn.com/abstract=1781013

Contact Information

Barbara Glesner Fines (Contact Author)
University of Missouri at Kansas City - School of Law ( email )
5100 Rockhill Road
Kansas City, MO 64110-2499
United States
Feedback to SSRN


Paper statistics
Abstract Views: 355
Downloads: 46

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.281 seconds