6 MC Flashcards
(4 cards)
In preparing a DUI defense on behalf of her client, an attorney’s investigator interviewed the bartender at a local pub. The bartender told the investigator about the client’s drinking habits at the pub. The investigator subsequently reported the bartender’s comments to the attorney. The bartender’s comments are protected by
Rule 1.6 only. The communication is confidential under the broad protections of Rule 1.6. Attorney-client privilege applies to communications between the attorney and client (with narrow exceptions). Answers A and B are incorrect because attorney-client privilege protects communications between the attorney and client; it does not typically include communications by a third party.
In a discussion with his attorney, a client admits to a murder for which another person has been wrongfully convicted. That person has been convicted of capital murder and sentenced to death. Under Model Rule of Conduct 1.6 the attorney
may reveal the exculpatory information. Rule 1.6 allows—not mandates—an attorney to reveal confidences as necessary to avoid bodily injury. Because the wrongfully convicted inmate faces death, this situation falls in the “may” exception to the mandate to keep clients’ confidences.
An attorney gets a favorable settlement in a divorce hearing and posts on social media, “After months of dealing with his hateful estranged wife, my client won enough money to treat his cancer!” Assuming the client knows nothing about the social media post, which of the following is true?
The attorney is subject to discipline under MRPC 1.6. The duty to keep client confidences under Rule 1.6 extends to digital media, even if that information is not posted to the general public
RULE 1.6: Confidentiality of Information
L shall not reveal information relating to representation of C unless
*C gives informed consent;
*disclosure is impliedly authorized in order to carry out the representation; or
*disclosure is permitted by paragraph (b)
b)(1): L may reveal information relating to representation of C to the extent L reasonably believes necessary to prevent reasonably certain death or substantial bodily harm.
* L is permitted but not required to report the relevant authorities.
* Applies even if the client is not personally himself/herself going to engage in the violent conduct.
(b)(2): L may reveal information relating to representation of C to the extent L reasonably believes
necessary to prevent C from committing a crime or fraud that is reasonably certain to result in
substantial injury to the financial interests or property of another and in furtherance of which the client has
used or is using the lawyer’s services.
* L is permitted but not required to reveal confidential information to third parties without C’s consent if 3 requirements are met:
1. L must reasonably believe the disclosure is necessary to prevent C from committing a crime or fraud.
Applies ONLY if the client is the one committing the crime or fraud**
2. L must conclude that the crime or fraud is reasonably certain to result in substantial injury to the financial interests or property of another.
3. There must be a showing that L’s services were used or are being used to achieve this
(b)(3): L may reveal information relating to representation of C in order to prevent, mitigate, or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from C’s commission of a crime or fraud in furtherance of which C has used L’s services.
* L is permitted but not required to reveal confidential information to third parties without C’s consent.
* This is a backwards version of Rule 1.6(b)(2); here, the crime or fraud has already occurred, but there is still time to take action and prevent injuries to others.
L Is permitted to disclose confidential information if ordered to do so by a court.
L Is permitted to disclose limited confidential information in order to determine whether a conflict of interest would be created if L joins another firm or if multiple firms merge—BUT only if the revealed information would not compromise the Attorney-Client privilege or otherwise prejudice C.
