ABA Updates Ethics Rule Revising Model Rule 1.16(a)

The ABA Standing Committee on Ethics and Professional Responsibility recently issued Formal Opinion 513, entitled “Duty to Inquire Into and Assess the Facts and Circumstances of Each Representation.” The opinion addresses the need for a lawyer to make a reasonable inquiry as to whether the prospective client is seeking to use the lawyer’s services to commit a crime or fraud prior to undertaking representation of the client. If the lawyer determines that the representation is unlikely to further a crime or fraud, the lawyer may accept the representation. On the other hand, if the lawyer has “actual knowledge” that the representation will promote a crime or fraud, the lawyer must decline the representation. If the initial inquiry does not resolve the issue, the lawyer must engage in additional efforts to reach a conclusion. If doubts are not resolved, the lawyer may proceed with the representation as long as the lawyer “concludes that doing so is unlikely to involve assisting or furthering a crime or fraud.”