Certified Legal Professional (CLP) Practice Exam

When must an attorney breach confidentiality?

1. When ordered by a court

2. When the client confesses to ongoing criminal acts that may harm others

3. Both A and B

4. Neither A nor B

The correct answer is: Both A and B

An attorney must breach confidentiality under specific circumstances that are mandated by legal and ethical obligations. One critical reason to breach confidentiality arises when ordered by a court, as compliance with court orders is essential to uphold the legal system's integrity. Attorneys must respect and comply with the directives provided by a judge, including disclosing confidential information if the court finds it necessary to do so. Additionally, an attorney is obligated to breach confidentiality if a client confesses to ongoing criminal acts that could potentially harm others. Ethical rules generally permit, and in some jurisdictions require, attorneys to take action if they believe that their client's future actions could cause significant harm to someone else. This duty reflects the attorney’s responsibility to the larger community and aims to prevent further harm. Thus, the circumstances in which confidentiality can be breached encompass both court orders and situations involving potential harm to others, making the correct choice both A and B. This inherent tension between duty to the client and obligation to protect potential victims highlights the complexities attorneys face in practice and reflects the ethical standards in the legal profession.