What steps must a lawyer take to disclose information to prevent a crime under CA rules?

A lawyer faced with information that suggests a client may commit a crime is bound by California rules to take specific actions to prevent that crime. The correct response underscores the importance of a proactive approach that balances the lawyer's ethical obligations and the client's rights.

Making a good faith effort to persuade the client not to commit the crime allows the lawyer to engage with the client directly, emphasizing the legal and ethical repercussions of their proposed actions. This approach is fundamental because it seeks to dissuade the client from harmful conduct while still maintaining the lawyer-client relationship. The intention is to resolve the potential for harm through persuasive dialogue, which aligns with the lawyer's duty to provide competent and ethical representation.

In contrast, simply calling law enforcement without engaging with the client may not only be premature but could also undermine the trust inherent in the lawyer-client relationship. Notifying the client after disclosure could significantly undermine the opportunity to counsel the client effectively beforehand. Disclosing all information without limitation would violate the ethical duty to maintain client confidentiality, except in narrowly defined circumstances where the crime involves imminent harm. Therefore, the preferred step is to use persuasion and counseling to mitigate the risk of the crime occurring, fostering a safer outcome for the client and the public.