An attorney represents a client accused of financial fraud. During a confidential meeting, the client admits to the attorney that they have hidden a substantial amount of illicit funds in an offshore account, and plans to use these funds to flee the country if convicted. The attorney is certain the client will follow through with this plan. What is the attorney's ethical obligation regarding this information?
- AThe attorney may disclose the information to prevent the client from committing a crime that is reasonably certain to result in substantial injury to the financial interests or property of another.
- BThe attorney may disclose the information if it is necessary to prevent a reasonably certain death or substantial bodily harm, but not to prevent flight.
- CThe attorney must withdraw from representation but cannot disclose the information.
- DThe attorney must immediately disclose the client's plans to the authorities to prevent flight.
Show answer & explanationAnswer & explanation
Correct answer: A. The attorney may disclose the information to prevent the client from committing a crime that is reasonably certain to result in substantial injury to the financial interests or property of another.
Model Rule 1.6(b)(2) permits, but does not require, an attorney to reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary to prevent the client 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. While the attorney's services were not used in the planning of flight, the continued concealment of illicit funds could be seen as an ongoing fraud.
Why the other options are wrong
- B. This describes a different exception to confidentiality (Model Rule 1.6(b)(1)).
- C. Withdrawal might be necessary, but disclosure may also be permitted under specific circumstances.
- D. Disclosure is generally permitted, not mandated, and the specific exception for financial harm must be met.
Confidentiality Exception: Financial Crime
An attorney MAY reveal confidential information to prevent a client from committing a crime or fraud reasonably certain to result in substantial injury to the financial interests or property of another, where the client has used or is using the lawyer's services in furtherance of the crime/fraud.
- It is permissive, not mandatory.
- Requires 'substantial injury' to financial interests/property.
- Client must be using (or have used) attorney's services in furtherance.
- Applies to future crimes/fraud.
Memory trick: Harm or Help: when secrets can't keep.