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There are behaviors that can lead to prison sentences for lawyers
Every day legal professionals face a multitude of criminal risks in their daily activities. Just a few weeks ago, the entry into prison of the lawyer Antonia Magdaleno sentenced to four years for fraud to her old office was known.
The lawyer, like any professional, is subject to compliance with criminal laws and ethical rules. To minimize the risk of a disciplinary or criminal offense, you need to stay informed. As stated by the professor of Criminal Law and lawyer Bernardo del Rosal, a good principle to avoid them is “to review, with some care, the Code of Ethics for Spanish Lawyers.”
On the other hand, with his actions or omissions, the lawyer can, in turn, harm the interests of his client. These behaviors, even seriously reckless, can give rise to the crime of professional disloyalty.
Sometimes there is a fine line between professional advice and criminal action. Del Rosal explains that generally “a legal advisor or a lawyer is not the guarantor of preventing the commission of crimes by a client or by third parties.” As he points out, information on the various possible alternatives available to the client (what is not prohibited, what is prohibited and the consequences), or legal advice in the strict sense, are criminally irrelevant, as long as it remains neutral.
Finally, Del Rosal recommends that advisors and lawyers not exceed “the limits and standards of professional functions, no matter how hard the client presses for it.” The professor suggests that they be very cautious with the information provided, especially with the action tips that are offered. In case of doubt, he adds, “it is always better to ask fellow criminals and pay attention to them.”
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