New York Law (NYLE) Practice Exam

Which situation allows an attorney to reveal a client confidence?

1. To gain ethical advice from another attorney

2. To collect a fee

3. To respond to criticism of the attorney on social media

4. To prevent reasonably certain death

The correct answer is: To prevent reasonably certain death

The situation where an attorney is permitted to reveal a client’s confidence is when it is necessary to prevent reasonably certain death or substantial bodily harm. This principle is grounded in the attorney's ethical obligations, particularly under the New York Rules of Professional Conduct. The rule allows attorneys to disclose confidential information to the extent necessary to prevent significant harm to an individual. In such a scenario, the urgency and seriousness of the threat to life or bodily integrity justify breaching the confidentiality that is normally strictly upheld in the attorney-client relationship. This promotes the greater good and aligns with the ethical duty to protect life. The attorney must balance their obligation to maintain client confidentiality with the paramount importance of preventing harm, making this circumstance distinct and crucial for public safety. The other situations listed do not meet the ethical threshold for disclosure of client confidences. For instance, seeking ethical advice from another attorney could typically be done without disclosing identities or specifics concerning the client. Collecting a fee usually relates to the representation and does not involve disclosures of confidential information. Responding to criticism on social media, while potentially challenging, does not have the same immediacy or severity as a threat to life, and attorneys have tools to address criticism without breaching confidentiality. Therefore, preventing reasonably certain death stands