What action should a lawyer take if they suspect a client is engaging in illegal conduct?

The correct action a lawyer should take if they suspect a client is engaging in illegal conduct is to maintain confidentiality unless legally required to report. This approach aligns with the fundamental principle of attorney-client privilege, which protects the confidentiality of communications between a lawyer and their client. This privilege encourages full and frank discussions, allowing clients to seek legal advice without fear of their disclosures being used against them.

In the context of potential illegal conduct, a lawyer must carefully navigate their ethical obligations. Maintaining confidentiality is crucial, as it allows the lawyer to continue representing the client effectively while assessing the situation. However, there are certain exceptions to this rule, particularly when a lawyer is aware that their services are being used to perpetrate a crime or fraud. In some jurisdictions, if there is a clear and imminent danger or a violation that requires disclosure, a lawyer may be ethically obligated to report the client’s actions to appropriate authorities.

Confidential advice to the client to cease the illegal conduct may also be prudent, but this should occur within the framework of maintaining the confidentiality of all communication. Ending the attorney-client relationship may not be warranted unless the lawyer believes they can no longer represent the client consistent with ethical obligations. Reporting the client to law enforcement is typically not permissible without a specific legal mandate