Disable ads (and more) with a membership for a one time $2.99 payment
In a situation where an attorney learns of bodies related to a past crime from a client, is the attorney allowed to disclose this information?
Yes, if the attorney believes it is necessary
No, because it's protected under attorney-client privilege
Yes, if law enforcement requests this information
No, because it is not related to the current case
The correct answer is: No, because it's protected under attorney-client privilege
The correct answer is based on the principle of attorney-client privilege, which is a fundamental concept in legal ethics. This privilege allows clients to communicate freely with their attorneys without fear that such communications will be disclosed to others. Therefore, if an attorney learns sensitive information about past crimes — such as the existence of bodies — from a client, that information is considered confidential and protected under this privilege. This means that the attorney is generally not permitted to disclose this information, even if they believe that disclosure could be necessary for reasons such as preventing harm or assisting law enforcement. The privilege is designed to encourage open dialogue between clients and their attorneys, ensuring that clients can seek legal advice without reservation about what they share. While there are certain exceptions where lawyers may disclose information (for example, if there is an immediate threat to someone’s safety), in this context, the mere presence of information regarding a past crime does not outweigh the protections afforded by attorney-client privilege. Thus, the attorney must maintain confidentiality regarding this knowledge.