'Crime Fraud' and the Lawyer's Duty

, New York Law Journal


In his Ethics and Criminal Practice column, Joel Cohen, of counsel at Stroock & Stroock & Lavan, writes that it is entirely appropriate for a client to approach a lawyer seeking to obtain an (ostensibly) expert opinion as to whether the conduct that he might wish to pursue is, in fact, legal or illegal. But when the client pursues that conduct despite the lawyer's warning not to, and the attorney is asked to testify, what is the ethical thing to do?

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