A lawyer shall not counsel a client to engage in conduct that the lawyer knows is criminal or fraudulent, nor knowingly assist a client in such conduct, but a lawyer may discuss the legal
consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.
• shall not counsel to engage in conduct that the lawyer knows is criminal or fraudulent.
• shall not knowingly assist a client in such conduct.
• When an attorney allows his client to give false sworn testimony or file false sworn affidavits, he is sanctioning the crimes of perjury and obstruction of justice by his client, and this violates the Rules.
• When an attorney allows his client to destroy or withhold documents that the client is obligated to produce, he is sanctioning the crimes of tampering with evidence and obstruction of justice.
• When an attorney allows his client to falsify documents or file bogus documents, he is sanctioning the crimes of tampering with evidence, obstruction of justice, and perhaps forgery.
• When an attorney knows his client is lying, concealing evidence, obstructing justice, violating any criminal statute, or committing fraud in any way, the attorney has an ethical obligation to
tell the client that this cannot be allowed.
In the representation of a client, a lawyer shall not: (a) file a suit, assert a position, conduct a defense, delay a trial, or take other action on behalf of the client when the lawyer knows or when it is
obvious that such action would serve merely to harass or maliciously injure another;
(b) knowingly advance a claim or defense that is unwarranted under existing law, except that the lawyer may advance such claim or defense if it can be supported by good faith argument for an extension, modification or reversal of existing law.
Disclosure to prevent a crime, tort, or fraud
The crime-fraud exception can render the privilege moot when communications between an attorney and client are themselves used to further a crime, tort, or fraud. In Clark v. United States, the
US Supreme Court writes that "A client who consults an attorney for advice that will serve him in the commission of a fraud will have no help from the law. He must let the truth be told."
The crime-fraud exception also does require that the crime or fraud discussed between client and attorney be carried out to be triggered
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