The amended Model Rule added language that “[a] lawyer shall inquire into and assess the facts and circumstances of each representation to determine whether the lawyer may accept or continue the representation.” The Model Rule was further amended to state that a lawyer shall withdraw if “the client or prospective client seeks to use or persists in using the lawyer’s services to commit or further a crime or fraud, despite the lawyer’s discussion pursuant to Rules 1.2(d) and 1.4(a)(5) regarding the limitations on the lawyer assisting with the proposed conduct.”
Rule 1.2 refers to the scope
of representation and allocation of authority, and Rule 1.4 covers communication with the
client.
The modified rule also provides commentary on various hypotheticals where the
circumstances change after the representation has begun. The report notes that this is part
of the continuing effort to address the issues of money laundering, human rights violations
and similar circumstances where lawyers are at risk of being used by clients for such
purposes. As the report accompanying the model rule makes clear, this was a follow-up to
the ABA’s resolution regarding beneficial ownership.
- GWC 9/4/2023
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