Certified Legal Professional (CLP) Practice Exam

Is the attorney's conduct proper when revealing confidential client information to defend against a civil claim?

1. Yes, unless the client objects to the disclosure

2. Yes, because the attorney may reveal such information to defend herself against a civil claim

3. No, because this violates client confidentiality

4. No, because the attorney must secure the client's consent before disclosing any information

The correct answer is: Yes, because the attorney may reveal such information to defend herself against a civil claim

The situation presented involves an attorney's obligation to maintain client confidentiality versus the need to defend against a civil claim. The correct answer highlights that an attorney is permitted to reveal confidential client information solely for the purpose of defending themselves against a civil claim related to their representation of the client. Under the American Bar Association's Model Rules of Professional Conduct, specifically Rule 1.6, attorneys have an ethical duty to protect the confidentiality of information, but there are carve-outs for disclosing such information in certain contexts. One of these situations includes defending against allegations of wrongdoing or claims that could arise as a result of the attorney's actions in the scope of representation. When an attorney faces a civil claim that questions their professional conduct regarding a client, they may need to disclose relevant client information to adequately defend themselves. This is considered a necessary balance between the ethical obligation to maintain confidentiality and the right to a fair defense in legal proceedings. The rationale is that without such an allowance, attorneys could be unjustly constrained in defending their actions, potentially leading to professional harm without a fair opportunity for rebuttal. This principle is underscored by the idea that an attorney maintaining their ability to defend themselves can ultimately serve the interests of justice without undermining client trust in a broader context.