Multistate Professional Responsibility Examination (MPRE)The Client-Lawyer RelationshipMedium
A lawyer represents a client in a contentious business negotiation. The client explicitly instructs the lawyer not to disclose a certain piece of financial information to the opposing party, even though the lawyer believes this information, if disclosed, would significantly strengthen the client's position and potentially lead to a more favorable outcome. The information is not adverse to the client's interests and is not required to be disclosed by law or court order. What is the lawyer's ethical obligation?
- AThe lawyer may disclose the information if they reasonably believe it will benefit the client.
- BThe lawyer must disclose the information, as it is in the client's best interest to do so.
- CThe lawyer must withdraw from representation due to the client's unreasonable instruction.
- DThe lawyer must abide by the client's decision not to disclose the information.
Show answer & explanationAnswer & explanation
Correct answer: D. The lawyer must abide by the client's decision not to disclose the information.
A lawyer must abide by a client's decisions concerning the objectives of representation. While the lawyer may advise the client, the ultimate decision of what information to disclose (when not legally compelled) rests with the client.
Why the other options are wrong
- A. The lawyer cannot unilaterally disclose confidential information against the client's express instruction, even if they believe it's beneficial, unless legally required or an exception to confidentiality applies.
- B. The lawyer's belief about the client's best interest does not override the client's fundamental authority over the objectives of representation, including what information to strategically withhold.
- C. The client's instruction here is not unreasonable to the point of requiring withdrawal, as it doesn't involve criminal or fraudulent conduct, or make representation unreasonably difficult.
Client Control of Objectives
A lawyer must abide by a client's decisions concerning the objectives of representation, even if the lawyer believes a different strategy would be more beneficial, provided the client's decision is not illegal or fraudulent.
- Client sets objectives.
- Lawyer advises, but client decides.
- Cannot disclose confidential info against client's wishes (unless exception).
Memory trick: Client's Compass: They steer the ship, even if you see a better route.