Client Confidentiality
Confidentiality questions test privilege, work product, professional confidentiality, implied authorization, and exceptions to disclosure limits.
How to study for the MPRE
Treat each item as a professional responsibility priority problem: identify the lawyer's role, client status, duty, exception, consent issue, and best ethical action.
Core concepts
Concept 1
Professional confidentiality is broader than attorney-client privilege.
Exam cue: Distinguish evidentiary privilege from ethics confidentiality.
Concept 2
Some disclosures are impliedly authorized to carry out representation.
Exam cue: Ask whether disclosure is required, permitted, or prohibited.
Concept 3
Exceptions are narrow and must be matched to the facts.
Exam cue: For exceptions, identify death, bodily harm, crime/fraud, legal advice, self-defense, or compliance facts.
Risk pitfalls and guardrails
Treating public information as automatically free to disclose.
Guardrail: Avoid answers that ignore conflicts, over-disclose confidential information, mislead a tribunal or nonclient, commingle funds, or promise guaranteed results.
Confusing privilege waiver with ethics confidentiality.
Guardrail: Avoid answers that ignore conflicts, over-disclose confidential information, mislead a tribunal or nonclient, commingle funds, or promise guaranteed results.
Disclosing more information than reasonably necessary.
Guardrail: Avoid answers that ignore conflicts, over-disclose confidential information, mislead a tribunal or nonclient, commingle funds, or promise guaranteed results.
Memory anchors
Confidentiality
Confidentiality generally covers information relating to the representation.
Privilege
Attorney-client privilege protects certain confidential communications from compelled disclosure.
Work Product
Work product protects materials prepared in anticipation of litigation.
Implied Authorization
Implied authorization permits disclosures reasonably needed to carry out the representation.
Informed Consent
Informed consent can authorize disclosure after adequate explanation.
Reasonably Necessary
Disclosure exceptions are usually limited to what is reasonably necessary.
Crime-Fraud
Confidentiality does not protect assistance in ongoing crime or fraud under applicable exceptions.
Self-Defense
A lawyer may disclose limited information to defend against certain claims or allegations.
Legal Advice Exception
A lawyer may disclose limited information to secure ethics legal advice.
Continuing Duty
Confidentiality duties generally continue after representation ends.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
A lawyer plans to tell an industry conference an embarrassing fact learned while representing a client. The fact is not privileged and appears in a public regulatory filing. The client objects. Does Rule 1.6 permit the disclosure merely because the fact is public?
A client privately asks a lawyer for legal advice and expects confidentiality. In later litigation, an opponent seeks to compel testimony about the communication. Which doctrine most directly supplies an evidentiary protection?
Answer all questions to submit.
Next step personalized recommendations
Continue learning
Move forward only after this module is stable.
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