What is the rule about facilitating or participating in wrongdoing?

• A. Barristers must not assist or facilitate illegal activity or fraud; they should refuse representation if the case requires it.
• B. Barristers may participate if compensated well.
• C. Barristers may facilitate wrongdoing if it benefits the client.
• D. Barristers should inform the other side but continue.

Answer: (A)

The central rule here is that a barrister must not assist or facilitate illegal activity or fraud. Their role is to uphold the integrity of the legal process and the administration of justice, which means declining to act for or to help a client who intends to commit wrongdoing. If a briefing asks for illegal conduct, the proper response is to refuse representation in that matter and, if already engaged, to withdraw. This ethical boundary isn’t or can’t be justified by any amount of money or potential client benefit, and it extends to avoiding participation in any conduct that would enable the wrongdoing. Informing the other side while continuing to assist would still amount to aiding the wrongdoing, which moderne professional duties prohibit.