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    Formal Ethics Opinion 98-412 (downloadable pdf)

    Formal Ethics Opinion 98-412 (downloadable pdf)

    Formal Ethics Opinion 98-412 (downloadable pdf)

    Disclosure Obligations of a Lawyer Who Discovers That Her Client Has Violated a Court Order During Litigation A lawyer who discovers that a client has violated a court order prohibiting or limiting transfer of assets must reveal that fact to the court if necessary to avoid or correct an affirmative misrepresentation by the lawyer to the court.

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    A lawyer also must disclose the client's conduct or, in the alternative, withdraw from continued representation of the client in the litigation if necessary to avoid assisting the client in a fraud on the court. Continued representation of the client in the litigation may constitute assistance in a fraud on the court where the client's conduct destroys the court's ability to award effective relief to the opposing party. Upon withdrawing from the representation, the lawyer must make a disclosure sufficient to avoid continued reliance by the court on prior representations of the lawyer that now are known to be untrue but, absent such a necessity, the lawyer may not disclose the client's misconduct to the court or successor counsel without the client's consent.

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