Attorney Chen represents a client, Mr. Davies, in a highly contentious civil dispute. During a confidential meeting, Mr. Davies reveals to Chen that he previously committed a felony unrelated to the current civil dispute, for which he was never caught or prosecuted. Mr. Davies explicitly states that he does not want this information disclosed to anyone. Subsequently, a new law is enacted that would make it mandatory for attorneys to report all past, unprosecuted felonies revealed by clients, regardless of when they occurred or their relevance to ongoing matters. What is Attorney Chen's ethical obligation regarding Mr. Davies's past felony revelation?
- AAttorney Chen is generally prohibited from disclosing the information due to client confidentiality, unless a recognized exception applies.
- BAttorney Chen must advise Mr. Davies to self-report the felony to avoid future legal complications.
- CAttorney Chen must immediately disclose the information to the authorities, as the new law mandates reporting.
- DAttorney Chen must withdraw from representation if Mr. Davies refuses to allow disclosure of the past felony.
Show answer & explanationAnswer & explanation
Correct answer: A. Attorney Chen is generally prohibited from disclosing the information due to client confidentiality, unless a recognized exception applies.
The attorney-client privilege and the duty of confidentiality generally protect past crimes. A newly enacted law, even if mandatory, cannot retroactively compel disclosure of information protected under existing attorney-client confidentiality rules unless specific exceptions, which are not present here, are met or the law explicitly overrides established ethical duties in a way that is constitutional and permitted by legal ethics rules.
Why the other options are wrong
- B. While advising a client might be a strategic option, it does not override the attorney's primary ethical duty of confidentiality.
- C. New laws generally do not retroactively override established attorney-client confidentiality for past revelations, especially if no exception applies.
- D. Withdrawal is not mandated solely because a client revealed a past, unprosecuted felony, especially when no future crime or immediate harm is threatened.
Confidentiality of Past Crimes
The duty of confidentiality generally extends to a client's past criminal conduct revealed to the attorney, even if the crime was never punished. This confidentiality is a cornerstone of the attorney-client relationship.
- Covers information 'relating to the representation' regardless of source.
- Applies even to past crimes for which the client was not prosecuted.
- Exceptions typically involve preventing future harm, not reporting past, completed acts.
Memory trick: Past secrets, present trust, future protect.