Multistate Professional Responsibility Examination (MPRE)Client ConfidentialityHard
A lawyer represents a client in a contentious divorce. The client, experiencing severe emotional distress, sends the lawyer a series of emails threatening to harm their spouse and children, and then themselves. The lawyer reasonably believes these threats are credible and that serious harm is imminent. What is the lawyer's ethical obligation?
- AThe lawyer must maintain strict confidentiality of the client's threats.
- BThe lawyer must immediately withdraw from the representation without disclosure.
- CThe lawyer must first seek the client's consent before disclosing any information.
- DThe lawyer may disclose the threats to the authorities or affected parties to prevent the harm.
Show answer & explanationAnswer & explanation
Correct answer: D. The lawyer may disclose the threats to the authorities or affected parties to prevent the harm.
Model Rule 1.6(b)(1) permits a lawyer to reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary to prevent reasonably certain death or substantial bodily harm. This exception overrides the general duty of confidentiality when such grave circumstances exist.
Why the other options are wrong
- A. Maintaining strict confidentiality in the face of imminent serious harm is not required and would be a dereliction of a broader societal duty.
- B. Withdrawal alone would not prevent the harm and is insufficient in this scenario. Disclosure is permitted to prevent the harm.
- C. Seeking client consent when there is a threat of imminent death or substantial bodily harm is impractical and may be impossible, and the rule does not require it in this specific exception.
Confidentiality Exception: Prevent Harm
A lawyer may reveal confidential client information to the extent the lawyer reasonably believes necessary to prevent reasonably certain death or substantial bodily harm.
- This is a permissive, not mandatory, exception.
- The harm must be 'reasonably certain' and 'substantial'.
- It overrides the general duty of confidentiality.
Memory trick: Harm is Certain? Break Silence, Save Lives.