12.8 – Is the Client Asking You to Break the Law or Act Unethically?

Another important consideration when screening potential clients is whether the client is asking you to participate in unlawful or unethical behavior. Sections 3.2-7 and 3.7-7 of the Code of Conduct provides:

Dishonesty, Fraud by Client or Others
3.2-7 A lawyer must never:
(a) knowingly assist in or encourage any dishonesty, fraud, crime or illegal conduct;
(b) do or omit to do anything that the lawyer ought to know assists in or encourages any dishonesty, fraud, crime, or illegal conduct by a client or others; or
(c) instruct a client or others on how to violate the law and avoid punishment.

Obligatory Withdrawal
3.7-7 A lawyer must withdraw if:
…
(b) a client persists in instructing the lawyer to act contrary to professional ethics

When screening potential clients, you must refuse any client who asks you to act in any dishonest or illegal manner, or in a manner that would require you to breach the Code of Conduct. While this may be obvious at times, it is more likely that the client will not be forthcoming about their unscrupulous behaviour. You must guard against unwittingly becoming the tool of a client engaged in unethical or criminal activities.