When a client turns from seeking your counsel to victimizing you or your staff, what ethical obligations still bind you? The American Bar Association’s Standing Committee on Ethics and Professional Responsibility tackles this thorny dilemma in its recent Formal Opinion 515. The opinion addresses a scenario every attorney hopes to avoid but should be prepared to navigate: becoming the victim of a client’s crime. Whether it’s a sophisticated financial scam that empties your trust account, a violent outburst in your conference room, or theft of personal property during a consultation, the opinion provides important guidance on when attorneys can disclose information to protect themselves and seek justice without violating their professional obligations. The opinion acknowledges that while confidentiality remains sacrosanct in legal practice, lawyers should not be forced to remain silent when clients try to make victims of their lawyers and seek to weaponize the attorney-client relationship against them. To continue reading, please visit: https://www.sherin.com/law-firm-defense/2025/03/12/when-the-lawyer-is-the-victim-abas-new-guidance-on-confidentiality-and-client-perpetrated-crimes/
When the Lawyer Is the Victim: ABA’s New Guidance on Confidentiality and Client-Perpetrated Crimes
Authors:
CRB
Christopher R. Blazejewski
ARTICLE9 April 2025