What is the lawyer’s obligation if a client persists in criminal activity during representation?

The lawyer's obligation when a client persists in criminal activity during representation is to withdraw from representation if it presents a conflict. Under the ABA Model Rules of Professional Conduct, a lawyer must not assist a client in committing a crime or fraud. If a client's actions involve ongoing criminal conduct, and continuing the representation would result in the lawyer assisting in that conduct, this creates a significant conflict of interest.

In such circumstances, the lawyer is ethically required to withdraw from the case to avoid facilitating or enabling the client's illegal actions. The obligation to maintain the integrity of the legal profession and the duty to protect the legal system from being used for wrongful purposes takes precedence. This withdrawal must be handled appropriately in accordance with the rules governing withdrawal, ensuring that the client's interests are still considered during the transition.

Continuing to represent the client without question would be unethical, as would ignoring the client's criminal actions. Advising the client to proceed with caution might not adequately address the unethical nature of continuing to represent a client engaged in criminal conduct. Thus, the correct course of action is to withdraw from the representation if it is in conflict with the lawyer's ethical duties.