A paralegal works for a family law attorney. The attorney represents a husband in a very bitter divorce case. The husband, who is a very successful businessman, is upset because the judge ruled that the wife is entitled to a $500,000 interest in the husband’s business. One day the husband returned a called to the paralegal. Although the paralegal only needed to speak about the transfer of title to a vehicle, the husband started expressing his anger toward the wife. The husband started yelling and said he was going to “finish her off,” referring to his wife. The paralegal knew the husband sometimes carried a firearm and was concerned for the safety of the wife. The paralegal then informed the attorney of the husband’s comments during the call. Does the ethical rule on confidentiality prevent the attorney from taking any action?
Explanation
Answer: D - No, because the rules allow an attorney to disclose information related to a client if necessary to prevent death or substantial bodily harm. The general rule is that lawyers, and employees of lawyers, are prohibited from disclosing any information related to the representation of a client. Model Rule 1.6(a). An exception exists, however, that allows an attorney to disclose information related to a client if necessary to prevent death or substantial bodily harm. Model Rule 1.6(b)(1). Answer D is the best choice because it recognizes the exception to the general rule. Answer A is not the best choice because it states the general rule and does not consider the exceptions. Answer B is not the best choice because, although informed consent does permit disclosure of client confidential information, the exception under Model Rule 1.6(b)(1) is more directly applicable to these facts. Answer C is not the best choice because, although implied authorization does permit disclosure of client confidential information, the husband did not give implied authorization on these facts.
