Question

A client is a citizen of a foreign country known for corruption. The client asks an attorney with whom he previously had no professional relationship to help the client purchase an expensive apartment with cash. During a meeting to discuss the details of this purchase, the client tells the attorney that the client would like to structure the purchase so that it would be very difficult if not impossible for someone to find out that the client purchased the property. When the attorney asked why, the client winked and said "I don't like the government knowing what I am doing." The attorney agreed to accept the representation and said that he would structure the transaction so that the client was the sole shareholder in a corporation which owned another corporation which purchased the apartment with cash. This corporate structure made it extremely difficult for anyone to determine the client's identity as the purchaser of the property. The client had stolen the funds that were used to purchase the apartment.Is the attorney subject to discipline?(A) Yes, because Rule 1.16(a) requires a lawyer to reject representation if the representation will result in violation of law. Here, the attorney helped his client conceal assets, which is a violation of 18 U.S.C. § 1956 because the assets were the proceeds of a crime.(B) No, because it is not illegal to create a corporation and thus the attorney may set up a corporation that owns another corporation that purchases real estate.

Answer 1

Answer:

A) Yes, because Rule 1.16(a) requires a lawyer to reject representation if the representation will result in violation of law. Here, the attorney helped his client conceal assets, which is a violation of 18 U.S.C. § 1956 because the assets were the proceeds of a crime.

Explanation:

Rule 1.16: Declining or Terminating Representation

(a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:

(1) the representation will result in violation of the rules of professional conduct or other law;

(2) the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or

(3) the lawyer is discharged.