Asked by Grace Burchett on May 11, 2024
Verified
Rule 1.6 of the Model Rules provides an exception to the confidentiality rule in that a lawyer may disclose a client's confidential information when it is necessary to prevent harm to persons or property. Describe the four exceptions to the confidentiality rule related to this purpose.
Model Rules
A set of ethical guidelines adopted by some legal associations as a framework for professional conduct.
Confidentiality Rule
A legal or ethical principle that requires individuals or entities to keep certain information secret and not disclose it to unauthorized parties.
Harm To Persons
Any physical, psychological, or emotional injury inflicted upon an individual.
- Explain the requirements and consequences of the ethical rule of confidentiality.
Verified Answer
• An attorney is allowed to reveal a client's information to prevent reasonably certain death or substantial bodily harm.
• In certain situations, an attorney can disclose confidential information to prevent a client from committing a crime or fraud. The crime or fraud must be reasonably certain to result in substantial injury to the financial interests or property of another. Also, the client must have used or be using the attorney's services to perpetrate the crime or fraud. If both of these conditions are present, then the attorney can disclose information to the extent necessary to enable the affected person to contact the appropriate authorities.
• If a client used the attorney to help commit a crime or fraud, and the crime or fraud will likely
cause injury to the financial interests or property of another, the attorney can disclose confidential information to the extent necessary to prevent or reduce that injury.
• An attorney can also disclose confidential information to establish a defense to a criminal charge in a controversy between the attorney and the client based on conduct involving the client or to respond to allegations in any proceeding regarding the attorney's representation of the client.
Learning Objectives
- Explain the requirements and consequences of the ethical rule of confidentiality.
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