Attorney/Client Confidentiality

Question 1

M.R. 1.6 - Generally

Answer 1

Cannot reveal any information unless;

1. consent by client
2. disclosure is implied
3. exemption/exception applies

Question 2

M.R. 1.6(b) - Generally

Answer 2

An attorney MAY reveal information of client if lawyer reasonably believes it is necessary to… (1-7)

Counterpart - Cal 3-100
- narrower than M.R. 1.6(b) (only (b)(1))

Counterpart - Cal B & P 6068
- narrowest, calls for complete confidence (no disclosure)

Question 3

M.R. 1.6(b)(1)

Answer 3

Reasonably certain death/sub bodily harm

Question 4

M.R. 1.6(b)(2)

Answer 4

Prevent client from committing crime/fraud that is reasonably certain to injure

Question 5

M.R. 1.6(b)(3)

Answer 5

To prevent, mitigate, or rectify injury that is reasonably certain to result or has resulted from client’s crime/fraud

Question 6

M.R. 1.6(b)(4)

Answer 6

To secure legal advice about compliance with these rules

Question 7

M.R. 1.6(b)(5)

Answer 7

To establish a claim or defense in a controversy between client

Question 8

M.R. 1.6(b)(6)

Answer 8

To comply with law/court order

Question 9

M.R. 1.6(b)(7)

Answer 9

To detect and resolve conflicts of interests that arise from lawyer’s change of employment