Ethics Opinion Approves Undercover UPL Probes Supervised by Lawyers
A Viriginia State Bar ethics opinion concludes it is permissible for ethics counsel to oversee an investigator posing as a client in an investigation of the unauthorized practice of law.
In the hypothetical addressed by the opinion, a paralegal is suspected of helping clients prepare wills and powers of attorney without the supervision of a lawyer. The June 16 opinion concludes that a lay investigator’s sting operation, conducted under the direction of bar ethics counsel, does not violate lawyer ethics rules.
The opinion notes an ethics rule that says it is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation which reflects adversely on the lawyer’s fitness to practice law. Government lawyers, however, are generally allowed to supervise undercover operations to gather information about criminal conduct.
“This committee sees no principled distinction to be drawn between these types of investigations, in which undercover operations have been approved, and the UPL investigation presented in this hypothetical,” the opinion says.
Legal Profession Blog notes the opinion.
