Explain the requirements of the ethical rule of confidentiality. What are the exceptions to the confidentiality rule? Give examples of each of the exceptions to the rule.?

Question

What will be an ideal response?

Answer 1

As stated in Rule 1.6 of the Model Rules, the rule of confidentiality holds that a lawyer shall not reveal information relating to representation of a client. The exceptions to the client confidentiality rule are:• Client gives informed consent to the disclosure-For example, an attorney might be drawing up a will for the client, and the client is making his only son the sole beneficiary and leaving nothing to his daughter. If the client says to the attorney, "If my daughter calls to find out if she has inherited anything, go ahead and tell her that she gets nothing," the client has consented to the disclosure.• Impliedly authorized disclosures-For example, the attorney must provide confidential information to a paralegal in order for him or her to do work on the case.• Disclosures to prevent harm-For example, when a client who is in jail on charges of murdering his mother-in-law states that he is also going to kill his wife and indicates that he has a plan for doing so.• Disclosures to ensure compliance with Model Rules-For example, an attorney could seek confidential legal advice about his or her ethical responsibilities in a particular situation.• Defending against a client's legal action-For example, if the client sues the attorney for legal malpractice, the attorney may use the client file to defend against the action.• Disclosures to comply with court order or other law-For example, a court could require an attorney to reveal confidential information about assets that a client had hidden from his wife in a divorce case.