MPRE Confidentiality 3

Question 1

A law firm wants to use a cloud-based document management system to store client files. Under the Model Rules, the firm:

Accepted Answer

May use cloud storage if it takes reasonable precautions to protect client information

Answer

Rule 1.6(c) requires lawyers to make reasonable efforts to prevent unauthorized disclosure, which can be satisfied for cloud storage through appropriate due diligence and safeguards.

Question 2

A prosecutor possesses confidential information from a prior private law practice that is material to a pending prosecution. The prosecutor should:

Accepted Answer

Recuse from the case and screen herself from participation

Answer

Rule 1.11 requires government lawyers who have confidential information from prior private practice to be screened from matters where that information would be material.

Question 3

A client authorizes her attorney to share confidential information with a consulting expert retained by the firm. A year later, the representation ends. The expert's obligation to maintain confidentiality:

Accepted Answer

Continues because the attorney's Rule 1.6 obligations extend through agents

Answer

Under Rule 1.6 Comment [16], lawyers must take reasonable steps to ensure that agents such as experts also maintain confidentiality of client information.

Question 4

During settlement negotiations, opposing counsel asks the attorney to confirm that the client has a prior felony conviction. The attorney knows this is true. Under the Model Rules, the attorney:

Accepted Answer

May decline to answer to protect client confidentiality

Answer

Even if information is technically public, an attorney may decline to confirm it to protect client confidentiality, as long as the attorney does not make a false statement.

Question 5

A lawyer receives a grand jury subpoena seeking client documents. The client has not consented to disclosure. The attorney should first:

Accepted Answer

Inform the client and move to quash or limit the subpoena if appropriate

Answer

Rule 1.6(b)(6) allows disclosure ordered by a court, but the lawyer should first consult the client and consider whether to challenge the subpoena before complying.

MPRE Practice Test

MPRE Practice Test

MPRE Confidentiality 3