The lawyer's exercise of discretion requires consideration of such factors as the nature of the lawyer's relationship with the client and with those who might be injured by the client, the lawyer's own involvement in the transaction and factors that may extenuate the conduct in question. Where practical, the lawyer should seek to persuade the client to take suitable action. In any case, a disclosure adverse to the client's interest should be no greater than the lawyer reasonably believes necessary to the purpose. A lawyer is required to be truthful when dealing with others on a client's behalf, but generally has no affirmative duty to inform an opposing party of relevant facts. A misrepresentation can occur if the lawyer incorporates or affirms a statement of another person that the lawyer knows is false.
Misrepresentations can also occur by failure to act.
The requirement of disclosure created by this paragraph is, however, subject to the obligations created by Rule 1.6. Permitting such reexamination would be incompatible with the general policy of promoting compliance with law through assurances that communications will be protected against disclosure. This is obviously a very sensitive area. The bottom line is that most lawyers would never want their client to abduct a child which is part of custody litigation and if the client does, the lawyer will not want to be put in the position of covering for the departed client. Custody disputes and parental abductions have lethal consequences for children in the United States each year.