[textbook]Traversing the Ethical Minefield Problems, Law, and Professional Responsibility by Susan R. Martyn (z-lib.org)(1) (1)

15. E.g., N.Y. Jud. Law § 90(4) (McKinney 2003) (interim suspension for “serious crimes” and for failure to file
income tax returns); Ohio Gov. Bar R. V § 5 (2003) (interim suspension for felonies and default of child support
orders).
16. E.g., In re Temple, 786 S.E. 2d 684 (Ga. 2016) (lawyer who advised client to violate usury laws and pled guilty
to a misdemeanor count of attempted criminal usury deserves more than a one-year suspension). We discussed the
application of MR 1.2(d) to fraud in The Bounds of the Law: Fraud, supra Chapter 7.
17. E.g., Fla. Bar v. Brown, 790 So. 2d 1081 (Fla. 2001) (lawyer who, at client’s request, solicited campaign
contribution checks from subordinate lawyers, delivered them to client, and premium-billed client for reimbursement
suspended for 90 days for violating Rule 1.2(d) despite his apparent lack of knowledge that client’s conduct was
criminal); In re Bloom, 745 P.2d 61 (Cal. 1987) (lawyer unsuccessfully argued that he thought helping a client
transport plastic explosives to Libya was not unlawful).
18. Wayne R. LaFave, Criminal Law § 6.7 (5th ed., West 2010); Model Penal Code § 2.06.
19. Other specific examples include MR 3.3(a)(3) (knowing presentation of false testimony), 3.4(a) (unlawfully
obstructing access to evidence), and 3.4(b) (falsifying evidence, assisting others in falsifying evidence). Geoffrey C.
Hazard, Jr., W. William Hodes & Peter R. Jarvis, The Law of Lawyering § 5.12 (4th ed. Aspen 2014).
20. The Model Penal Code requires that an accomplice have the “purpose” or conscious desire to facilitate the
commission of the offense. Model Penal Code § 2.06(3)(a). See, e.g., In re DeRose, 55 P.3d 126 (Colo. 2002) (lawyer
who pled guilty to aiding and abetting a client’s illegal structure of financial transactions to evade reporting
requirements disbarred).
21. Arnold H. Loewy, Criminal Law in a Nutshell § 16.01 (5th ed., West 2009).
22. See, e.g., Joshua Dressler, Understanding Criminal Law § 30.08 (7th ed., LexisNexis 2015). See, e.g., United States
v. Flores, 454 F.3d 149 (3d Cir. 2006) (lawyer who was willfully blind to illegal source of client’s money convicted of
conspiracy).
23. Ellen S. Podgor & Jerold H. Israel, White Collar Crime in a Nutshell § 3.01 (5th ed., West 2015).
24. Model Penal Code § 5.03. The federal conspiracy statute, 18 U.S.C. § 371 (2006), prohibits conspiracies to
commit any offense against the United States or to defraud the United States. A number of federal criminal statutes also
include conspiracy provisions. For a list of representative provisions, see Podgor & Israel, supra note 23, at § 3.02.
25. United States v. Benjamin, 328 F.2d 854 (2d Cir. 1964) (conviction of lawyer for conspiracy to commit
securities fraud).
26. E.g., In re Lee, 755 A.2d 1034 (D.C. App. 2000) (lawyer convicted of conspiracy with client to launder money
disbarred); In re Petition of Anderson, 851 S.W.2d 408 (Ark. 1993) (lawyer convicted of conspiracy with client to
possess cocaine with intent to distribute failed to gain readmission to the bar).
1. Caron later resigned from the EPA and pled guilty to the criminal charge of making material false declarations in
violation of 18 U.S.C. § 1623.
* On remand, the district court ordered lawyers Hutchins and Snyder to pay personal sanctions of $2,000 each and
prohibited them from seeking reimbursement from the government. It also accepted a consent decree, which it deemed
necessary because of Mr. Caron’s misconduct in the case and the government’s inability to rely on his testimony.
Finally, it vacated its initial award of attorney’s fees to the defendants to enhance the value of the consent decree to the
government. United States v. Shaffer Equipment Co., 158 F.R.D. 80 (S.D. W. Va. 1994).
1. This phrase closely parallels the language in both Canon 31 of the 1908 ABA Canons of Ethics, the title of Canon
7 of the 1969 ABA Code of Professional Responsibility (“A Lawyer Should Represent a Client Zealously Within the
Bounds of the Law”), and 9 of the Preamble to the Model Rules of Professional Conduct.
2. John T. Noonan, Jr., The Lawyer Who Overidentifies with His Client, 76 Notre Dame L. Rev. 827, 840 (2001).
3. Lon L. Fuller & John D. Randall, Professional Responsibility: Report of the Joint Conference, 44 ABA J. 1159, 1161
(1958).
4. Christine Parker & Adrian Evans, Inside Lawyers’ Ethics at 244-247 (Cambridge U. Press 2007).
5. James Boyd White, The Edge of Meaning 223-226, 250-251 (U. Chi. Press 2001).
6. See, e.g., Joseph Allegretti, Lawyers, Client, and Covenant: A Religious Perspective on Legal Practice and Ethics, 66
Fordham L. Rev. 1101 (1998).
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