The ABA Standing Committee on Professional Ethics has issued a formal opinion that provides guidance on a lawyer’s obligations when advising organizations about conduct that may create legal risks for the organization’s clients.

Formal Opinion 51-4 is posted on the ABA website, linked here. It cites Rule 1.1 of the ABA Model Rules of Professional Conduct, which includes a general standard of competent representation, necessary communication under Rule 1.4 and candid advice under Rule 2.1, according to an ABA announcement.

Model Rule 2.1 (Advisor), for example, states, in part, that “In representing a client, a lawyer shall exercise independent professional judgment and render candid advice.”