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Attorney Grievance Commission of v. Rohrback6/26/1991
s that "Lloyd Boland" would not be released pursuant to a bond written for "Lloyd Asbury" and that, if the bondsman disclosed Asbury's true name, any decision about bail would be quickly reevaluated. The bond was written by a bail bondsman under the false name "Boland," and since Rohrback made all the arrangements to have the bond written, the trial judge was not clearly erroneous in concluding that Rohrback "arranged for a bondsman to write Asbury's bail bond under the name Boland . . . ." Judge Wolff properly found that procuring the bail bondsman and making the arrangements to have the bond written in a false name was tantamount to assisting a client in conduct the lawyer knew to be fraudulent, and thus, was a violation of Rule 1.2(d).
An attorney is in a delicate position when taking any action on behalf of a person who the attorney knows is perpetrating a fraud. The attorney must be careful to avoid assisting in the fraud and should anticipate that any actions will be closely scrutinized. I respectfully dissent from the majority's conclusion that Rohrback committed no ethical violation by assisting Asbury in obtaining release on bail under a false name.
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