legal ethics

1. The Law of
Whistleblowing
Washington University – Fall 2014
class # 5

2. Crime / Fraud Exceptions
• Attorney Client Privilege
• Duty of Confidentiality

3. Roles
• Advocate
• Advise
• Assist / Facilitate Transaction
• Vouch for client

4. Roles
• Advocate
• Advise MR 2.1
• Assist / Facilitate Transaction
• Vouch for client MR 2.3

5. Model Rule 1.13(a)
C = organization

6. Model Rule 1.7
(a)(1) – directly adverse
(a)(2) – materially limited

7. Model Rule 1.6(b)(3)
mitigate / rectify
substantial injury to
financial interests
that resulted from
C’s crime / fraud
using L’s services

8. Model Rule 1.6(b)(3)
past fraud

9. Model Rule 1.6(b)(3)
mitigate / rectify
substantial injury to
financial interests
that resulted from
C’s crime / fraud
using L’s services

10. Model Rule 1.6(b)(3)
optional
disclosure

11. C fraud using L’s services
mandatory
disclosure

12. C fraud using L’s services
4.1(b) + 1.6(b)(3) ->
mandatory
disclosure

13. Model Rule 1.2(d)
not
assist C
in conduct
that
L knows is
criminal / fraudulent

14. Model Rule 1.16(a)
must withdraw
if
representation
will result in
violation of
rules / law

15. Model Rule 1.6 (b)(2) & (3)
prevent / mitigate / rectify
substantial injury
to financial interests
reasonably certain to result / resulted
from C’s crime / fraud
using L’s services

16. Missouri Rule 1.13
L may
(b)
1 ask for reconsideration
2 recommend 2nd legal opinion
3 refer matter to higher authority
(c)
resign

17. Model Rule 1.13
L shall:
(b) L shall
1 ask for reconsideration
2 recommend 2nd legal opinion
3 refer matter to higher authority
(c) L may
disclose