licensing
When is a lawyer in violation of his license with regard to advice on the law?
<p>I think it's probably obvious that a lawyer cannot tell his client where to stash the body his client just murdered.</p>

<p>I think it's also probably pretty obvious (but less so) that a lawyer cannot tell his client the best way to commit a murder, even though the lawyer may have nothing to do with carrying out the murder.</p>

<p>Tell me if I am wrong, though.</p>

<p>Then there's a question of, say, a lawyer telling his client where to stash his retirement account in order to avoid paying taxes on it.  This one is less obvious.</p>

<p>Then there's a question of, say, a lawyer advising his client that the fine for breaking the law is "only" $X, so it would therefor be worth it to take the fine and commit the illegal act.  To me, this one should be perfectly okay for the lawyer to do.  But what if the lawyer advised his client "it's only 30 years if you want to kill your lover's mistress?  It might be worth it?"</p>

<p>Finally, there's a special case for attorney generals, who are licensed I assume.  What if an AG advises a president or a governor to do X illegal act because the only penalty is impeachment and the legislature is controlled by his own party so he can get away with it?</p>

<p><strong>In sum, is there a rule of thumb or a case history which provides a guide as to the actions of attorneys?  What is it?</strong></p>

<p>Since the ABA governs most states, consider what they would say.</p>

<p>The <a href="http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents.html">American Bar Association's Model Rules of Professional Conduct (Rule 1.2 (d))</a> requires that:</p>

<blockquote>
  <p>A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.</p>
</blockquote>

<p>Any advice to any client (including the President) to violate a law is against the rules of professional conduct.</p>

<p>The American Bar Association and associated state bars publish ethics opinions to provide clarification. For example, the <a href="http://www.americanbar.org/content/dam/aba/events/professional_responsibility/2014/05/40th-aba-national-conference-on-professional-responsibility/session5_state_bar_of_arizona_ethics_opinions.authcheckdam.pdf">Arizona State Bar published an opinion</a> about the effect of Rule 1.2(d) on a lawyer's ability to advise clients regarding activity that is permissible Arizona's Medical Marijuana Act, "despite the fact that such conduct potentially may violate applicable federal law".</p>
