IF THESE FACTS ARE FALSE SEEK RELIEF FOR DEFAMATION, SLANDER & LIBEL

Attorneys owe ethical duties of candor, fairness, and honesty to the opposing party.

Ethical duties to the opposing party: A New Jersey Attorney’s ethical responsibilities to an adversary in a settlement negotiation requires scrupulous conduct. A lawyer must not:

• Make false statements of material fact. Rule of Professional Conduct (RPC) 4.1 prohibits a lawyer from knowingly making a false statement of material fact or law to a third person, which includes opposing parties.
• Engage in fraud. An attorney cannot counsel or assist a client in conduct that the lawyer knows is criminal, illegal, or fraudulent.
• Engage in dishonest conduct. RPC 8.4(c) prohibits a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
• Misrepresent facts to the court. If a lawyer knows that a material fact has been misrepresented to a tribunal (court), they have a duty to disclose the truth, even if it is not in the client's best interest. For example, a lawyer in New Jersey has been disciplined for failing to inform the court and opposing counsel of a client's death before accepting a settlement check. 

 Attorney's ethical obligations

• Cannot assist fraud: An attorney cannot counsel or assist a client in conduct that the attorney knows is criminal or fraudulent.
• Must counsel against it: If the attorney knows of prospective wrongdoing, they have an obligation to counsel the client against the illegal conduct.
• May have to withdraw: If the client refuses to stop the fraud, the attorney may have to withdraw from the representation.
• May have to disclose: In certain extreme situations, if disclosure is the only way to prevent the client from committing a crime or fraud, the attorney may be required to disclose information. 

Attorney-client privilege and fraud

• Protects past crimes, not future: The attorney-client privilege generally protects communications about past wrongdoing, but not communications made to help commit an ongoing or future crime or fraud.
• Client's intent is key: The crime-fraud exception to the privilege applies when the client's intent is to further a crime or fraud.
• Disclosure may be required: If the client is attempting to use the attorney's services to commit a fraud, the attorney may be subpoenaed and required to disclose the information. 
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How to defend a client who has committed fraud

1. Counsel the client: The attorney's first step is to counsel the client to stop the fraudulent conduct and rectify any harm caused.
2. Attempt to dissuade: The attorney must try to dissuade the client from continuing the illegal or fraudulent activity.
3. Withdraw if necessary: If the client refuses to stop, the attorney must withdraw from the representation.
4. Disclose if required: In some cases, the attorney may have a duty to disclose the fraud to the court or other parties to prevent further harm.