Multistate Professional Responsibility Examination (MPRE)Client ConfidentialityEasy
An attorney represents a client in a civil lawsuit. During a confidential meeting, the client admits to having previously committed a minor, unrelated crime for which they were never caught or charged. The attorney knows this information is not relevant to the current civil case. What is the attorney's ethical obligation regarding this admission?
- AThe attorney must withdraw from representation due to the client's past unlawful conduct.
- BThe attorney must keep the client's admission confidential.
- CThe attorney must report the client's past crime to the authorities.
- DThe attorney may disclose the admission if it serves the client's best interests in the civil case.
Show answer & explanationAnswer & explanation
Correct answer: B. The attorney must keep the client's admission confidential.
The attorney's duty of confidentiality generally extends to all information relating to the representation, regardless of whether it is privileged or whether its disclosure would be harmful to the client. The client's admission of a past, unrelated, minor crime falls under this duty.
Why the other options are wrong
- A. Withdrawal is not required for knowledge of a past, unrelated minor crime that does not affect the current representation.
- C. Reporting past crimes is generally not required unless an exception to confidentiality applies, such as preventing future serious harm.
- D. Disclosure is only permissible with informed consent or if an exception applies, neither of which is present here.
Scope of Confidentiality
The ethical duty of confidentiality covers all information relating to the representation of a client, from any source, unless the client gives informed consent or an exception applies.
- Broader than attorney-client privilege.
- Applies even if information is publicly available.
- Continues after the attorney-client relationship ends.
Memory trick: Keep Client Secrets Sealed, Always.