Ethical Traps of a Lying Client
Save your reputation. Understand how to deal with and remove yourself from a dishonest client. Attorneys have or will be confronted with a situation where the client or client representative or even a third party aligned with the client, is or appears to be misrepresenting facts, i.e. lying. This occurs in all practice areas, not just divorce, transactional and litigation settings. The detection of a dishonest client and immediate resolution of the issue created by the dishonesty, will not only save an attorney’s reputation, but may also result in the avoidance of bar complaints, litigation against the attorney and uncompensated involvement in regulatory oversight. Although attorneys may like to think they will never have to address this situation, the fact is some clients will act in a dishonest manner under the right circumstances. This topic is designed to explain the duties of the attorney who has a dishonest client. Those duties run not only to the client, but to third parties and tribunals, and will vary depending on the circumstances and setting. This topic will also provide guidance on withdrawal by the attorney from the matter in an ethical manner.
Who should attend?
- Obligations of Confidentiality
- General Rule of Confidentiality
- Permissive Exceptions to the General Rule
- Mandatory Exceptions to the General Rule
- Scope of Duty With a Dishonest ClientDuties of Honesty and Disclosure to Third-Parties
- What Is Dishonesty and Lying?–Degrees of Dishonesty - Active and Passive–Negotiating, Opinions and Facts
- When the Attorney Has Not Made the Misrepresentations
- When the Attorney Has Made an Unknowing MisrepresentationDuties of Honesty and Disclosure to Tribunals
- When the Attorney Knows of the Client's Dishonesty–Future or Past
- When the Attorney Learns of a Third-Party's Dishonesty–Future or Past
- Remedial Action – When and HowWithdrawal Options
- Duties on Withdrawal
- Noisy WithdrawalCivil Liability of the Attorney
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