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Conference Papers

The responsibility of lawyers for the prevention, detection and rectification of client fraud

John Dowd

Published in:
Complex commercial fraud : proceedings of a conference held 20-23 August 1991
Peter N Grabosky (ed)
ISBN 0 642 16992 6 ; ISSN 1034-5086
(AIC Conference Proceedings; no. 10)

Abstract

There has been considerable debate as to the duty of a lawyer to expose his own client's fraud, and the moral obligation of lawyers to a third party and to concepts of justice in the abstract. Where clients are frightened to fully confide in their lawyer, they will not be in a position to obtain the best advice. The lawyer has an obligation to prevent and detect criminal or fraudulent activity, but should not be required to expose his client unless that client commits a crime or makes it clear that he is going to do so.