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How Far May a Lawyer Go in Assisting a Client in Legally Wrongful Conduct?, 35 U. Miami L. Rev. 669 (1981)


Professor Hazard discusses the dimensions of the lawyer
conduct prohibited by DR 7-102(A)(7) of the Model Code of
Professional Responsibility, which provides that a lawyer shall
not "[c]ounsel or assist his client in conduct that the lawyer
knows to be illegal or fraudulent." After reviewing relevant
principles of agency, tort, and criminal law, Professor Hazard
concludes by asking whether it is this positive law outside of
the Code that defines the scope of conduct prohibited by DR 7102(
A)(7), or whether the Code contains its own standard that,
because of the nature of the lawyer-client relationship, permits
lawyers to engage in otherwise forbidden activity.

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