Multistate Professional Responsibility Examination (MPRE)Client ConfidentialityEasy
An attorney represents a real estate developer. During a confidential conversation, the client reveals that they previously bribed a city official to fast-track a zoning permit for an unrelated project completed five years ago. The client expresses remorse and states they will never engage in such conduct again. This past act has no bearing on the current representation. What is the attorney's ethical obligation?
- AThe attorney may disclose the information if it is necessary to prevent future harm to the general public.
- BThe attorney must withdraw from the representation if the client committed a serious crime.
- CThe attorney must maintain the confidentiality of the client's admission.
- DThe attorney must report the past bribery to the appropriate authorities.
Show answer & explanationAnswer & explanation
Correct answer: C. The attorney must maintain the confidentiality of the client's admission.
The duty of confidentiality covers all information relating to the representation, including admissions of past crimes, provided no exception applies. Since the crime is in the past, completed, and unrelated to the current representation, and there's no ongoing or future harm, the attorney must maintain confidentiality.
Why the other options are wrong
- A. There is no indication of future harm to the general public from this past, completed act.
- B. Withdrawal is not required for a past, completed crime that doesn't impact the current representation.
- D. Reporting past, completed crimes is generally not an exception to confidentiality unless necessary to prevent future harm or mandated by law, which is not the case here.
Confidentiality: Past Crimes
The duty of confidentiality generally extends to a client's admission of past, completed crimes, particularly if they are unrelated to the current representation and pose no threat of future harm.
- Information relating to representation is confidential.
- Past crimes are typically covered by confidentiality.
- Exceptions usually relate to preventing *future* harm or ongoing fraud.
Memory trick: Past Sins Stay Secret, Unless Future Danger.