Red Flags & Cover-Ups: The High-Stakes Game of Legal Ethics in Client Misconduct

1 CLE credit (ethics). Known accreditation in California (pending), Florida, Oregon, and Washington. Check your Bar website or our list: https://www.clecast.net/materials This CLE course provides an overview of a lawyer's ethical obligations when confronted with client misconduct. It focuses on key issues like the duty of confidentiality, balancing candor towards the tribunal, recognizing red flags of potential criminal or fraudulent activity, and the attorney's responsibility to inquire further when suspicious conduct arises. The course emphasizes how attorneys can protect their clients' rights while upholding their own professional integrity and avoiding complicity in unethical or illegal conduct. Key topics discussed include the fundamental duty of confidentiality and the limited exceptions when attorneys may disclose client information, such as preventing certain crimes or frauds. The course also covers a lawyer's ethical responsibilities when faced with potential client perjury or involvement in criminal activities. Attorneys will learn to recognize red flags in client behavior or transactions that suggest misconduct, such as inconsistent or vague information, suspicious financial practices, or evasive answers. The concept of willful blindness and its implications for attorneys who avoid investigating suspicious client activities is another critical focus. Additionally, the course provides best practices for ethical decision-making, including documentation, firm-wide policies, and consulting ethics counsel. Model Rules Covered: • Rule 1.2(d) (Scope of Representation and Allocation of Authority Between Client and Lawyer) • Rule 1.6 (Confidentiality of Information) • Rule 1.16 (Declining or Terminating Representation) • Rule 3.3 (Candor Toward the Tribunal) • Rule 4.1 (Truthfulness in Statements to Others) • Rule 8.4 (Misconduct)