The wiser course of action would have been to tell the judge that he and his client had reached an impasse, and request withdrawal. However, no prejudice was demonstrated from the disclosure and the conviction was affirmed. While employed as an associate in a law firm and working on a corporate acquisition matter on behalf of a client, lawyer received confidential information concerning client's proposed acquisition of another company. The matter came to light during an SEC investigation and lawyer was discharged from his firm. Nine-month suspension for misuse of client confidences.
Court also finds conduct involved dishonesty.
Although not a disciplinary case, this opinion contains an interesting discussion regarding the relationship between criminal defense counsel and the client who voices an intent to commit perjury. The State of Montana charged Michael Jones with felony assault alleging that Jones knowingly caused bodily injury to another person by striking that person about the head and face with a beer bottle. Lawyer T. R. Halvorson was appointed to represent Jones and a plea of not guilty was entered. Two days before trial, the lawyer filed a motion to withdraw. The State opposed and requested an evidentiary hearing on the motion.