You are right about the report but wrong about the need to withdraw. In all cases in all states, you would need to withdraw if your client incites their plan to commit a felony. There is no exception. You are then an accomplice if he carries through with the act.
You typically are not required to (and sometimes cannot) report unless their is serious bodily injury or certain felonies. I should have been more specific there.
Recording your client is a big "no" for many reasons. It opens the door for leaks (professionalism towards the case comes in question) and it could violate privacy laws if client is unaware. Granted there could be a strategic reason both parties may record a session but generally it isn't something you do.
Regarding different districts, you are over generalizing. Most states based their laws off uniform rules of professional conduct so the variances are not that great.
I generally agree with a lot of your posts but I think you are a little off here. Professional Rules are pretty clear and you don't step on them. Penalty might be the difference.
The rules contain many of the same features but differ on a lot, too. That’s why most of the things you’re talking about are not in the Tennessee rules.
1. There is no ethical rule against recording clients in Tennessee. I haven’t checked AG opinions, it’s possible it’s deemed flatly unethical by the AG, which isn’t binding but is generally a good indication of how a disciplinary hearing would go.
Is It Ethical for Attorneys to Record Telephone Conversations? | UIC Law Review | University of Illinois Chicago
The Cohen/Trump saga spawned law review articles and the answer to the question is not cut and dry.
Ultimately, like almost anything that is not expressly prohibited, it probably depends on whether it violates another rule, which means your reasons, how you go
about it, and whose interests you’re serving are relevant. I just don’t see a meaningful distinction between recording a client and sending a letter detailing a conversation in which the client solicited assistance with a criminal enterprise or fraud and you told them no to create a written record of your refusal, which is a pretty common practice.
I still vehemently reject the idea that the possibility of inadvertent disclosure as a consideration in determining whether to create and retain any record. Anything could “leak.” The duty to make sure they don’t leak is an entirely different legal obligation.
2. There is also no professional rule mandating withdrawal of representation if your client discloses intent to commit a crime, in Tennessee. Even if the attorney’s services are used to perpetrate the crime or fraud, withdrawal is permissive (may), not required (shall). See Tenn. R. Sup. Ct. Rule 8 section 1.16(b).
1.16(a) mandates withdrawal when the representation would result in violation of the law, but that doesn’t result from simply knowing the client intends to commit a crime.
See comment 2 and 7 to rule 1.16:
2 A lawyer ordinarily must decline or withdraw from representation if the client demands that the lawyer engage in conduct that is illegal or violates the Rules of Professional Conduct or other law. The lawyer is not obliged to decline or withdraw simply because the client suggests such a course of conduct; a client may make such a suggestion in the hope that a lawyer will not be constrained by a professional obligation.
Optional Withdrawal
7 A lawyer may withdraw from representation in some circumstances. The lawyer has the option to withdraw for any reason if it can be accomplished without material adverse effect on the client's interests. Withdrawal is also justified if the client persists in a course of action that the lawyer reasonably believes is criminal or fraudulent, for a lawyer is not required to be associated with such conduct even if the lawyer does not further it.
E.g. client says “I’m going to go straight home and hot rail some meth,” attorney responds “I advise against that. Possession of Methamphetamine is a Class A misdemeanor and as a class II controlled substance, possession of methamphetamine for resale is a B felony punishable by up to 30 years in prison, depending on sentencing factors.” Attorney hasn’t done anything to facilitate or act as an accomplice to any crime and has no duty to withdraw in Tennessee. One can imagine a similar conversation about perjury where the attorney would have an obligation to withdraw under 1.16(a) because the conduct would violate the duty of candor to the tribunal.