NCJ Number
80054
Date Published
1979
Length
149 pages
Annotation
The Swedish Crime Prevention Council investigated alleged involvement of lawyers in economic and organized crime, finding that although suspicions of widespread misconduct were unfounded, lawyers do have the opportunity to assist clients in perpetrating white-collar crime, as well as the opportunity to prevent it.
Abstract
The Council's investigating committee found that attorneys and lawyers can either directly assist clients in such acts as tax evasion, bankruptcy fraud, defrauding consumers or shareholders, or advise clients on how to profit from illegal or quasi-legal activities. A basic problem is the lawyer's business relationship with the client, an important aspect of which has been the confidentiality principle. The committee recommends that amendments to the legislation regarding the function of attorneys be made to emphasize attorneys' responsibility to the State in the area of crime prevention. The committee also suggests the establishment of a method for working together with the National Association of Attorneys to encourage crime prevention and to discipline offending lawyers. Specifically, the committee recommends that any defense attorney found to be involved in economic crime activity be removed as a defense lawyer for the offending company and that defense lawyers be restricted from giving advice to clients that is not related to the case at hand. In addition, the committee suggests that the lawyer's role include the active participation in crime prevention. The Association of Attorneys should adopt this policy statement. The Association should work together with Government law enforcement officials to discipline attorneys found guilty of professional misconduct. The text of the law on attorneys' functions is provided, alongside a recommended revised text. The ethical code of the Association of Attorneys is appended, as are dissenting remarks of committee members and other material regarding the investigation.