THE RECORD - New York City Bar Association

More documents

Recommendations

Info

Formal Opinion 1999-02 Fugitive Client; Illegal Conduct; Client Instructions; Civil Representation Committee on Professional and Judicial Ethics TOPIC: Fugitive Client; Illegal Conduct; Client Instructions; Civil Representation DIGEST: A lawyer may (i) sell assets of a fugitive client and place the proceeds in escrow, (ii) pay the creditors of the client from the escrowed funds and (iii) forward the balance of the proceeds to the client, provided that the lawyer does not know, or believe (after inquiry, if called for under the circumstances), that the sale or disposition of proceeds is unlawful or will be used to commit an illegal or fraudulent act. A lawyer may continue to represent a fugitive client in civil matters which precipitated the criminal investigation and the fugitive status of the client. CODE: DRs-110(B)(2); 2-110(C); 7-101(B)(2); 7-102(A)(7); 9- 102(C)(4); EC 7-5; EC 7-7; EC 7-8; EC 7-17. QUESTIONS 1. May a lawyer who represents a client who is currently a fugitive sought on criminal charges continue to follow the client’s instructions to (i) sell her assets and place the proceeds in escrow, (ii) make payments to her creditors from the escrowed funds and (iii) forward the balance from the escrowed funds to the client? T H E R E C O R D 212
P R O F E S S I O N A L A N D J U D I C I A L E T H I C S 2. May the lawyer continue to represent the fugitive client in civil matters which precipitated the criminal investigation and the fugitive status of the client? OPINION As a preliminary matter, we note that the present inquiry raises questions of law as well as ethical issues under the Lawyer’s Code of Professional Responsibility (the “Code”). While the Committee’s mandate is limited to interpreting the Code, this opinion identifies some of the legal questions raised in order to provide a framework for the ethical analysis. A. ATTORNEY CONDUCT ON BEHALF OF <strong>THE</strong> CLIENT In general, a lawyer has an obligation to follow a client’s instructions regarding the course of representation, provided that the lawyer’s conduct is legal and that the client is using the lawyer’s services in an appropriate manner. See Canon 7 (A Lawyer Should Represent a Client Zealously Within the Bounds of the Law); see also EC 7-17 (a lawyer owes an obligation of loyalty to the client). Although a lawyer should inform the client of relevant legal as well as non-legal considerations, most decisions rest exclusively with the client and not with the lawyer. See EC 7-7 (the authority to make decisions is exclusively that of the client and, if made within the framework of the law, such decisions are binding on the lawyer); EC 7-8 (stating that the ultimate decision whether to forego legally available alternatives because of non-legal factors belongs to the client). Accordingly, the determination of whether a lawyer may ethically engage in conduct requested by a client depends in part on the client’s choices and on whether, as a matter of law, the proposed action is illegal or intended for illegal purposes. This opinion is limited to a lawyer’s representation of a fugitive client fleeing criminal charges. In that connection, a fugitive is defined as: [A] person who, having committed a crime, flees from jurisdiction of the court where the crime was committed or departs from his usual place of abode and conceals himself within the district. A person who, having committed or been charged with a crime in one state, has left its jurisdiction and is found within territory of another state when it is sought to subject him to criminal process of former state. Black’s Law Dictionary 462 (Abridged 6th ed. 1991) (citing 18 U.S.C. §§ 1073, 1074 (Fugitives From Justice)); see also 18 U.S.C. § 921(a) (15) (1997) M A R C H / A P R I L 1 9 9 9 ◆ V O L. 5 4, N O. 2 213
Page 1 and 2:
THE RECORD OF THE ASSOCIATION OF TH
Page 3 and 4:
MICHAEL A. COOPER President EDITORI
Page 5 and 6:
O F N O T E tion. Prepared by the C
Page 7 and 8:
Recent Committee Reports Bankruptcy
Page 9 and 10:
R E C E N T C O M M I T T E E R E P
Page 11 and 12:
A L E X I S C. C O U D E R T M E M
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
L A B O R A T O R I E S O F D E M O
Page 33 and 34: L A B O R A T O R I E S O F D E M O
Page 39 and 40: Report and Recommendation with Rega
Page 41 and 42: T A S K F O R C E O N M I N O R I T
Page 53 and 54: A Suggestion for a More Equitable R
Page 55 and 56: P R O F E S S I O N A L R E S P O N
Page 63 and 64: upon the money or papers subject to
Page 79 and 80: Formal Opinion 1999-01 Lawyer’s A
Page 81 and 82: P R O F E S S I O N A L A N D J U D
Page 83: ject matter of a suit is sufficient
Page 91 and 92: est served when the lawyer continue
Page 93 and 94: F E D E R A L C O U R T S, P R O F
Page 107 and 108: A Mandate to Stimulate the Market f
Page 109 and 110: E N V I R O N M E N T A L L A W In
Page 111 and 112: E N V I R O N M E N T A L L A W mor
Page 113 and 114: of sheets of paper a year. Common e
Page 115 and 116: E N V I R O N M E N T A L L A W has
Page 117 and 118: E N V I R O N M E N T A L L A W les
Page 119 and 120: E N V I R O N M E N T A L L A W iv.
Page 121 and 122: E N V I R O N M E N T A L L A W a r
Page 123 and 124: E N V I R O N M E N T A L L A W sig
Page 125 and 126: Stanley N. Alpert Christopher A. Am
Page 127 and 128: N E W M E M B E R S Abigail Everett
Page 129 and 130: N E W M E M B E R S Robert Stein 14
Page 131 and 132: N E W M E M B E R S Evan Michael Ma
Page 133 and 134: B I B L I O G R A P H Y Caviedes, A
Page 135 and 136:
B I B L I O G R A P H Y Ginsburg, J
Page 137 and 138:
B I B L I O G R A P H Y Moore, Schu
Page 139 and 140:
B I B L I O G R A P H Y or the harm
show all

THE RECORD - New York City Bar Association

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?