MBE Rules · Professional Responsibility
Duty of Confidentiality
Cal. Bus. & Prof. Code § 6068(e); Rule 1.6
The rule
A lawyer has a duty to maintain inviolate the confidence, and at every peril to the lawyer, to preserve the secrets, of a client. Disclosure is permitted only to the extent the lawyer reasonably believes necessary to prevent a criminal act likely to result in death or substantial bodily harm.
In plain English
The duty of confidentiality requires lawyers to keep their clients' information private and not disclose it without permission. The only exception is when a lawyer believes disclosure is necessary to prevent a serious crime that could lead to death or significant injury.
Worked example
A lawyer learns from a client that they plan to commit a violent crime that could harm another person. Believing that this information could prevent serious harm, the lawyer decides to report the threat to the authorities. This action is justified under the duty of confidentiality exception.
Memory hook
Keep it secret, keep it safe—unless lives are at stake!
The trap
Exams often present scenarios where students must decide whether a disclosure is necessary to prevent harm, which can confuse them about the limits of the exception.
How examiners test it
Questions typically involve hypothetical situations where a client reveals harmful intentions, testing the candidate's understanding of when disclosure is permitted.
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