Friday, May 31, 2019, 1:00-2:00pm
One of the dangers of practicing law is that, now and again, you have a dishonest client.
Your client may be misleading you – and others – about the facts of their case, either through silence or affirmative misstatements. Or they may be telling you one thing and other people something else.
You may discover proof of the dishonesty or just suspect it. Client dishonesty raises many ethical issues.
- What must you do to ensure your client is telling you the truth?
- What if you discover a client is lying to a court or tribunal?
- Are you allowed to disclose the dishonesty despite the duty of client confidentiality?
- Are there degrees of client dishonesty – some acceptable, others not?
This program provides a guide to the substantial ethical issues when client dishonesty is discovered or suspected.
- Tension between the duty of confidentiality and the duty to be honest in communications
- Determining whether a client is lying – active v. passive, fact v. opinion, affirmative statements v. silence
- Unknowing attorney representations to others on basis of client dishonesty
- Duties of disclosure and to whom – the tribunal, third parties?
- Mandatory and permissive withdrawals from a case, including “noisy” withdrawals
- Ethical issues when dishonesty is discovered in closed matters
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