The American Bar Association’s Model Rule of Professional Conduct 1.2(d) (model rule) prohibits a lawyer from advising or assisting a client in conduct the lawyer “knows” is criminal or fraudulent. The text of the model rule states:

“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.”

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