MPRE — Multistate Professional Responsibility Exam — All Questions
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How does the duty of confidentiality under Model Rule 1.6 differ from the attorney-client evidentiary privilege?
- a.The duty of confidentiality applies only to statements made in court
- b.The duty of confidentiality is broader, covering all information relating to the representation whatever its source✓
- c.The privilege is broader than the duty of confidentiality
- d.The two are identical in scope
The ethical duty of confidentiality under Rule 1.6 is broader than the evidentiary privilege. It protects all information relating to the representation, regardless of its source, not just confidential communications between lawyer and client sought as evidence, and it applies in all settings, not only in court.
Under Model Rule 1.6(b), a lawyer is permitted to reveal confidential information to the extent reasonably necessary to:
- a.Win any case for the client
- b.Advance the lawyer's business interests
- c.Satisfy the curiosity of a third party
- d.Prevent reasonably certain death or substantial bodily harm✓
Model Rule 1.6(b) permits, but does not require, disclosure to prevent reasonably certain death or substantial bodily harm, among other narrow exceptions. The exceptions are limited to specific circumstances and do not include general advantage to the lawyer or client.