US: ABA ISSUES FORMAL OPINION ON LAWYERS AS “GATEKEEPERS” FOR CLIENT CRIMINALITY

On 8 May, an article from Ballard Spahr LLP reported that the American Bar Association has issued an important opinion reminding lawyers that they are responsible for conducting sufficient inquiry into the facts and circumstances of a matter a client or prospective client asks them to undertake if there is a “high probability” that the client is seeking to use the lawyer’s services to commit a crime.  The Opinion is said to cite numerous cases, including Supreme Court precedent, incorporating the doctrine of wilful blindness, also called conscious avoidance or the “ostrich theory,” into the legal definition of “knowledge”.

https://www.jdsupra.com/legalnews/aba-issues-formal-opinion-on-lawyers-as-68974/

 

 

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Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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