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 (A)</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 (C)</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 (D)</p> Signup and view all the answers

What does Rule 1.0(e) define?

<p>Informed consent (A)</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 (A)</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 (C)</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 (B)</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 (D)</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 (C)</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) (B)</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 (B)</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 (D)</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 (C)</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. (A)</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. (C)</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. (B)</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. (A)</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. (C)</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. (D)</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. (A)</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. (A)</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. (A)</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. (C)</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. (C)</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. (A)</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. (D)</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. (D)</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. (A)</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. (B)</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 (C)</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 (A)</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 (A)</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 (A)</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 (C)</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 (A)</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 (A)</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 (D)</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 (C)</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 (D)</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 (C)</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 (A)</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 (B)</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 (A)</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 (C)</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 (C)</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 (B)</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) (C)</p> Signup and view all the answers

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