Certified Legal Professional (CLP) Practice Exam

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Should an attorney report a client's statement about disposing of a murder weapon?

  1. Yes, because the attorney must report future crimes

  2. No, because any disclosures violate client privilege

  3. Yes, to prevent further crime

  4. No, because the client is entitled to confidentiality

The correct answer is: Yes, because the attorney must report future crimes

An attorney is ethically bound to maintain client confidentiality, as outlined by attorney-client privilege; however, there are exceptions to this rule when it comes to certain disclosures, particularly involving future crimes. When a client admits to intentions to commit a crime, such as disposing of a murder weapon, the attorney has a responsibility to report this information to prevent the crime from occurring. This obligation stems from the legal and ethical principle that lawyers are expected to act in the interest of justice and public safety. In circumstances where a client expresses an intention to commit a serious crime, especially one that poses a threat to another individual or to the public, reporting this information aligns with the attorney's duty to prevent harm. Hence, the position that the attorney must report future crimes is justified under the broader responsibility to uphold the law and protect potential victims. While confidentiality is a cornerstone of the attorney-client relationship, this ethical dilemma illustrates that the need to prevent a serious crime can take precedence over the duty to maintain confidentiality. Consequently, in this specific scenario, the rationale for reporting the client’s statement about disposing of a murder weapon is firmly rooted in the obligation to prevent ongoing or future harm.