1.6: Confidentiality of Information
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Questions and Answers

When can a lawyer reveal information relating to the representation of a client?

  • When it's for personal gain
  • When the lawyer wants to gain publicity
  • When the client gives informed consent (correct)
  • When the lawyer wants to share it with colleagues

    • Under what circumstances can a lawyer reveal information to prevent reasonably certain death or substantial bodily harm?

  • To prevent a crime or fraud that benefits the lawyer
  • To prevent death or substantial bodily harm (correct)
  • To gain power over the client
  • To gain financial advantage

    • In what situation can a lawyer reveal information to establish a claim on behalf of themselves in a controversy with the client?

  • To establish a claim or defense for themselves (correct)
  • To harm the client's reputation
  • To avoid legal consequences
  • To secure personal benefits

    • When can a lawyer reveal information to comply with other laws or a court order?

    <p>To comply with other laws or a court order</p> Signup and view all the answers

    For what reason can a lawyer reveal information to detect and resolve conflicts of interest arising from changes in employment or firm ownership?

    <p>To detect and resolve conflicts of interest</p> Signup and view all the answers

    When is a lawyer NOT allowed to reveal information relating to the representation of a client?

    <p>When it benefits the lawyer personally</p> Signup and view all the answers

    What does Rule 1.0(e) define?

    <p>Informed consent</p> Signup and view all the answers

    What is the central principle regarding client-lawyer relationships in terms of revealing information?

    <p>Not to reveal information without client consent</p> Signup and view all the answers

    What exceptions exist to the prohibition on disclosing client information?

    <p>When required by law or authorized by the Rules of Professional Conduct</p> Signup and view all the answers

    How does a lawyer ensure client confidentiality when using hypotheticals?

    <p>By ensuring no reasonable likelihood of identifying the client or situation</p> Signup and view all the answers

    In what situations is a lawyer impliedly authorized to make disclosures about a client?

    <p>When it facilitates a satisfactory conclusion to a matter</p> Signup and view all the answers

    What is a fundamental duty of a lawyer regarding information related to the representation of a client?

    <p>To prevent the unauthorized access to client information</p> Signup and view all the answers

    Which rule specifically addresses a lawyer's duty not to reveal information about prior representation of a former client?

    <p>Rule 1.9(c)(2)</p> Signup and view all the answers

    When can a lawyer disclose information related to a client without seeking further permission?

    <p>When it helps in concluding a matter satisfactorily</p> Signup and view all the answers

    What is the key component that allows for discussion of hypotheticals without breaching confidentiality?

    <p>Hypothetical nature of discussion</p> Signup and view all the answers

    What is the primary purpose served by attorney-client privilege, work product doctrine, and professional ethics rules?

    <p>To protect client information and maintain confidentiality</p> Signup and view all the answers

    What should a lawyer do when transmitting a communication that includes information relating to the representation of a client?

    <p>Take reasonable precautions to prevent unintended recipients from accessing the information.</p> Signup and view all the answers

    When can a lawyer avoid using special security measures for communication?

    <p>When the communication method provides a reasonable expectation of privacy.</p> Signup and view all the answers

    What factors determine the reasonableness of a lawyer's expectation of confidentiality?

    <p>The sensitivity of the information and legal protection of communication privacy.</p> Signup and view all the answers

    Under what circumstances might a lawyer need to take special precautions beyond reasonable measures?

    <p>If the client insists on using an insecure communication method.</p> Signup and view all the answers

    What should a lawyer do to comply with other laws governing data privacy?

    <p>Follow state and federal laws regarding data privacy compliance.</p> Signup and view all the answers

    What does Rule 1.9(c)(2) emphasize about the duty of confidentiality?

    <p>It terminates after the client-lawyer relationship ends.</p> Signup and view all the answers

    When may a lawyer disclose information to prevent a client from committing a crime or fraud?

    <p>When the lawyer believes it is necessary to prevent substantial injury to others' financial interests.</p> Signup and view all the answers

    Under what circumstances may a lawyer reveal a client's misconduct?

    <p>If the client has used the lawyer's services for fraudulent purposes.</p> Signup and view all the answers

    In what scenario does paragraph (b)(3) not apply?

    <p>When a client employs a lawyer for representation concerning their offense.</p> Signup and view all the answers

    In what situation may a lawyer secure confidential legal advice about Rule compliance?

    <p>When securing advice implies authorization for representation purposes.</p> Signup and view all the answers

    What does Rule 1.16 address?

    <p>The lawyer's right to withdraw from representing a client in certain circumstances.</p> Signup and view all the answers

    What is an example of when a lawyer may respond to allegations involving their conduct with a former client?

    <p>If there is reasonable belief that responding is necessary to establish a defense.</p> Signup and view all the answers

    When can a lawyer disclose information involving crimes or frauds committed by the client?

    <p>When disclosure could rectify or mitigate losses suffered by affected persons.</p> Signup and view all the answers

    Under what situation may a lawyer not counsel or assist the client?

    <p>When it becomes apparent that the client has used the lawyer's services for criminal purposes.</p> Signup and view all the answers

    When can a lawyer reveal information regarding crimes or frauds post-consummation?

    <p>If it can rectify or mitigate losses suffered by affected persons.</p> Signup and view all the answers

    What does Rule 1.13(c) allow for regarding information involving an organization?

    <p>It allows revealing information only in limited circumstances.</p> Signup and view all the answers

    When does a lawyer's right to respond arise in the context of a charge against them?

    <p>When an assertion of complicity has been made</p> Signup and view all the answers

    In what circumstance is a lawyer permitted to prove services rendered in an action to collect a fee?

    <p>When entitled to a fee and needing to establish the services rendered</p> Signup and view all the answers

    What does paragraph (b)(6) permit a lawyer to do if other law requires disclosure of information?

    <p>Make disclosures as necessary to comply with the law</p> Signup and view all the answers

    In which situation can lawyers disclose limited information to each other according to paragraph (b)(7)?

    <p>When dealing with conflicts of interest detection and resolution</p> Signup and view all the answers

    What information should be disclosed between lawyers and law firms when considering an association?

    <p>A brief summary of general issues involved in matters</p> Signup and view all the answers

    Under what circumstances is disclosure of information prohibited according to the rules?

    <p>If it compromises the attorney-client privilege or prejudices the client</p> Signup and view all the answers

    What does paragraph (a) prohibit in relation to client information unless informed consent is given?

    <p>Disclosure of any information within a law firm</p> Signup and view all the answers

    What does the rule say about disclosing information when exploring an association with another firm?

    <p>Disclose only if related to potential conflicts of interest</p> Signup and view all the answers

    What should a lawyer do if ordered to reveal information relating to a client's representation by a court?

    <p>Assert nonfrivolous claims against the order</p> Signup and view all the answers

    When can a lawyer comply with a court's order for disclosure?

    <p>If the lawyer believes it is necessary to accomplish a specified purpose</p> Signup and view all the answers

    What should a lawyer do before making a disclosure adverse to the client's interest?

    <p>Seek to persuade the client to take suitable action</p> Signup and view all the answers

    Under what circumstances does a lawyer's decision not to disclose violate the rule?

    <p>When disclosure is required by other rules</p> Signup and view all the answers

    What does Rule 3.3 require regarding disclosure of information?

    <p>Disclosure in all cases even if not permitted by other rules</p> Signup and view all the answers

    What factors should be considered in determining the reasonableness of a lawyer's efforts to safeguard client information?

    <p>The cost of implementing safeguards</p> Signup and view all the answers

    Under what circumstances does unauthorized access or disclosure of client information not violate paragraph (c)?

    <p>If it was inadvertent and reasonable efforts were made to prevent it</p> Signup and view all the answers

    What should a lawyer do if disclosing information in connection with a judicial proceeding?

    <p>Limit access to the information and seek protective orders</p> Signup and view all the answers

    What does Rule 1.6 require a lawyer to do regarding safeguarding client information?

    <p>Safeguard client information against unauthorized access and disclosure</p> Signup and view all the answers

    Under what conditions might a lawyer be permitted to disclose information relating to a client's representation?

    <p>To accomplish specified purposes stated in paragraphs (b)(1) through (b)(6)</p> Signup and view all the answers

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