Thursday, July 4, 2013

Advice against public policy

As everyone knows, it would be unethical for an attorney to assist or advise a client to commit a crime or a fraud.  But did you know it may be unethical to assist the client engage in conduct that a court might consider against public policy?  This is the conclusion of a recent case from Indiana in which the Indiana Supreme Court held lawyers could not assist or advise clients in negotiating away parenting time as a means to elimate the obligation to pay child support.  The court found such notion to be "repugnant and contrary to public policy" and held that attorneys should refuse to be a part of such discussion and should advise their clients that any such discussion is unacceptable. The case is Perkinson v. Perkinson and it is available here.

Thanks to the Legal Profession blog for the link.

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