Attorney Liability for Aiding and Abetting a Client's Wrongdoing: Law and Ethics

An expert in the field, and seasoned litigator, explains the risks to attorneys of aiding and abetting liability arising from misconduct by their clients. Topics include: (1) assessing the exposure to your practice; (2) how aiding and abetting liability differs from, and complements, conspiracy liability; (3) in-depth analysis of the three required elements of the cause of action; (4) factual matrices exposing attorneys to liability; (5) relevant rules of professional conduct; (6) the "qualified privilege" for attorneys to aid or abet a client's wrongdoing: (7) ethical prohibitions on assisting criminal or fraudulent behavior, (8) ethical requirement to investigate client; (9) ethical requirement to withdraw from certain engagements. The narrative is augmented by graphic diagrams of the crucial cases that enable attendees to truly understand the dynamics in key cases and learn how aiding and abetting law intersects with rules of professional conduct. Read more »