24 January 2003

________________________________________________________________________________
My Web Site

Gee, it must be great to work for BigLaw. You tell the SEC that if it passes legislation requiring you to report plainly illegal, ongoing activities it will violate lawyer-client privilege . . . And the SEC buys it.

Put in perspective, this is the equivilent of one of my clients informing me of an ongoing scam ("I've programmed the bank's computer to transfer $500 a day to my account from inactive accounts, randomly at $5 amounts throughout each day"), me advising him to stop immediately, client refusing, and me asserting that I don't have to inform authorities of the violation because of attorney-client privilege. Later, I stand before the judge, as an accessory after the fact (for taking fees which proceed in part from this money), and even later I stand at the Bar trying to retain my license. Who out there thinks that attorney-client privilege will save me?

I have called the Bar's ethics hotline on a similar issue (but less serious). An attorney whom I am not sure has ever practiced criminal law advised me that I was obligated to turn on my client. Luckily, confrontation with the client went well and I was able to halt the action and withdraw from the case in a manner which did not bias his trial. However, I suspect some other fishy stuff went on because by the time his sentence was final he was on his 4th lawyer (I was the first).

No comments: