Video

  • 9 minutes

Assisting a Lying Client

 
Rule 1.2 deals with the scope of representation and allocation of authority between the client and the lawyer. If the client’s objective is criminal or fraudulent then the lawyer has the obligation to communicate with the client that the lawyer cannot assist the client in their objective. The lawyer should also discuss the repercussions of the intended course of action by the client.

Rule 1.4 addresses communication. One of the provisions of this rule requires that the lawyer needs to communicate any limitations on their ability to achieve the objective of the client as a result of what the client wants to do that would cause the lawyer to be in violation of the rules of professional conduct. Although a lawyer can not assist a client in committing fraud, the lawyer may discuss the legal consequence of the client’s proposed course of action.

In this 8-minute video our speaker, John A. Snow, discusses court cases that deal with these rules as well as Rule 8.4.

John A. Snow is an attorney with Prince Yeates. His practice consists of general civil litigation, including commercial, professional malpractice, construction, insurance coverage and defense. Mr. Snow is the chair of the Ethics Advisory Opinion Committee of the Utah State Bar.
Runtime: 9 minutes

Faculty

John A. Snow

John A. Snow

Parsons Behle & Latimer