Moreover, the duty to disclose continues until remedial legal measures are no longer reasonably possible. Supreme Court of Texas, State Bar Rules, Art. Fraud is defined as conduct having a purpose to deceive and not merely negligent misrepresentation or failure to apprise another of relevant information. Id. , Terminology. Knowingly is defined as actual knowledge of the fact in question but a person's knowledge may be inferred from circumstances.
Belief denotes that the person involved actually supposes the fact in question to be true.
Id. , Terminology. The dictates of Rule 1.05 are governed by a strong public policy of not affording protection to client information where the client seeks to use the services of the lawyer to aid in the commission of a crime or fraud. Id. , Comment 11. If such efforts are unsuccessful, the lawyer shall take reasonable remedial measures, including disclosure of the true facts. And, if this effort is not successful, to disclose such fact to the bankruptcy court without the former client's consent.