How should a lawyer in Mississippi handle knowledge of a client's illegal activity?

A lawyer in Mississippi is bound by ethical duties that prioritize client confidentiality. According to the Mississippi Rules of Professional Conduct, an attorney is generally required to maintain the confidentiality of information relating to the representation of a client. This obligation remains in effect unless the attorney is required by law to disclose information or if the client consents to the disclosure.

When a lawyer becomes aware of a client's illegal activity, they are not automatically obliged to report the client to the authorities. Instead, the lawyer should assess whether they can continue to represent the client without compromising their ethical obligations. Under certain circumstances, if the client intends to commit a crime that could result in death or substantial bodily harm, the lawyer may need to take further action, which could include disclosing information to prevent such harm.

Maintaining confidentiality fosters trust in the attorney-client relationship, allowing clients to speak freely about their situations. This principle is essential for the effective functioning of the legal system, as clients often share sensitive and potentially incriminating information with their lawyers. Therefore, the correct approach is to maintain confidentiality unless there is a legal requirement to disclose the information or specific exceptions apply.