MPRE Confidentiality 5

Question 1

A lawyer is negotiating a settlement on behalf of a client and the opposing party's attorney asks: 'Does your client have insurance coverage for this claim?' The client has told the lawyer to deny coverage. Under the Model Rules, the attorney:

Accepted Answer

May not make a false statement of fact and should decline to answer or withdraw

Answer

Rule 4.1 prohibits lawyers from making false statements of material fact to third parties, even in negotiations and even on client instruction.

Question 2

Under the Model Rules, which of the following is the BEST description of what 'information relating to the representation' means for purposes of Rule 1.6?

Accepted Answer

All information gained in or relating to the representation, whatever its source

Answer

Rule 1.6 Comment [3] defines protected information broadly as all information relating to the representation, regardless of source or whether it would harm the client if disclosed.

Question 3

A client authorizes her attorney to disclose confidential information to a mediator during a confidential mediation session. After mediation fails, the opposing party seeks to depose the mediator about what was disclosed. The attorney's confidentiality obligation:

Accepted Answer

Continues and the attorney should object to any unauthorized further disclosure

Answer

Client consent to disclose information in a specific context (mediation) does not constitute blanket waiver; the attorney must still protect the information from further unauthorized disclosure.

Question 4

A solo practitioner dies unexpectedly. Under the Model Rules, which obligation regarding client confidentiality applies to the attorney's estate and successor counsel?

Accepted Answer

Successor counsel must maintain confidentiality and protect client interests in winding down

Answer

Rule 1.3 Comment [5] and Rule 1.6 require that attorneys make arrangements for someone to wind down their practice in a manner that protects client confidences if they become incapacitated or die.

Question 5

A client sues her former attorney for malpractice. The attorney wishes to disclose confidential client communications to defend himself. Under the Model Rules, the attorney:

Accepted Answer

May disclose confidential information to the extent reasonably necessary to defend against the claim

Answer

Rule 1.6(b)(5) permits disclosure of confidential information to the extent necessary to establish a defense in a controversy with the client.

MPRE Practice Test

MPRE Practice Test

MPRE Confidentiality 5