Someone told me my client is 'a fraud' and filed a disciplinary complaint against me for continuing to represent the client. I have no personal knowledge of any dishonest conduct by my client. Can I keep representing the client?

Plain-English summary

An attorney asked the panel whether it was proper for him to continue representing a client after a person told him the client was "a fraud" and stated the attorney should already know it. That same person had filed a complaint against the attorney with the Supreme Court Disciplinary Counsel, alleging that his continued representation of the client constituted unethical behavior. The attorney told the panel he had no personal knowledge of any dishonest conduct by his client.

The panel quoted Rule 1.2(d), which bars a lawyer from counseling a client to engage, or assisting a client, in conduct the lawyer knows is criminal or fraudulent, and Rule 1.2(b), which states that a lawyer's representation of a client, including representation by appointment, does not constitute an endorsement of the client's political, economic, social, or moral views or activities. The panel reasoned that there is no requirement that lawyers represent only innocent clients, and that since the attorney stated he knew of no dishonesty on his client's part, whether the client would ultimately be proved "a fraud" was of no particular relevance to the attorney's own conduct; such a determination is properly left to the appropriate tribunal. On this basis, the panel held the attorney's continued representation of the client was proper under the Rules of Professional Conduct.

Currency note

This opinion was issued in January 1989, shortly after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rule 1.2 as originally adopted. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: A third party told me my client is dishonest and filed a bar complaint against me for continuing the representation. I don't personally know of any dishonesty. Can I keep representing the client?

A: Yes, according to this opinion. The panel held that lawyers are not required to represent only innocent clients, and that an attorney with no personal knowledge of client dishonesty may properly continue the representation.

Q: Who decides whether my client is actually "a fraud"?

A: Not the attorney and not the ethics panel, per this opinion. The panel stated that "such a determination is properly left to the appropriate tribunal."

Background and rules framework

The opinion applies Rule 1.2(b) (representation does not endorse a client's views or activities) and Rule 1.2(d) (barring a lawyer from counseling or assisting client conduct the lawyer knows is criminal or fraudulent) of the Rhode Island Rules of Professional Conduct, as adopted effective November 15, 1988, to a lawyer's continued representation of a client accused of fraud by a third party.

Citations and references

Rules of Professional Conduct:

• MR 1.2 (scope of representation)
• RI RPC 1.2(b) (representation does not endorse a client's views or activities)
• RI RPC 1.2(d) (barring a lawyer from counseling or assisting known criminal or fraudulent conduct)

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

No sibling opinions yet indexed.

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2088-30.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

DIGEST OF ETHICS ADVISORY PANEL
Opinion #88-30, Request #39
Issued January 12, 1989

An attorney seeks Panel advice as to whether it is proper for him to continue representing a client after someone advises him that his client is "a fraud" and that in that person's opinion the attorney should already know it. The attorney advises the Panel that this person has filed a complaint against him with the Supreme Court Disciplinary Counsel alleging that his continued representation of the client in question constitutes unethical behavior. The attorney also states that he has no personal knowledge of any dishonest conduct on the part of his client.

Rule 1.2(d) provides, in pertinent part

A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent.

Rule 1.2(b) provides:

A lawyer's representation of a client, including representation by appointment, does not constitute an endorsement of the client's political, economic, social or moral views or activities.

There is no requirement that lawyers represent only innocent clients. Since the attorney has stated that he knows of no dishonesty on the part of his client, whether or not his client is ultimately proved to be "a fraud" is of no particular relevance. Such a determination is properly left to the appropriate tribunal. The Panel takes the position that under the circumstances discussed the attorney's continued representation of the client at issue is proper under the Rules of Professional Conduct.

Ethics Advisory Panel advice is protective in nature. There is no requirement that an attorney abide by a Panel opinion, but if he or she does, he or she is fully protected from any charge of impropriety.