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Expert Analysis

ABA's Money-Laundering Resolution Is A Balancing Act

By Peter Hardy, Andrew D'Aversa and Siana Danch (September 11, 2023, 5:39 PM EDT) -- On Aug. 8, the American Bar Association's House of Delegates voted overwhelmingly,[1] 216-102, to pass revised Resolution 100,[2] which in turn revised ABA Model Rule of Professional Conduct 1.16 and its comments[3] to explicitly recognize a lawyer's duty to assess the facts and circumstances of a representation at the time the lawyer is engaged and throughout the representation to ensure that the lawyer's services are not used to "commit or further a crime or fraud."...

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