MBE Rules · Professional Responsibility
Use of Client Information
Cal. Rule 1.8.2
The rule
A lawyer shall not use a client's confidential information to the client's disadvantage without informed written consent — the duty continues after representation ends.
In plain English
Lawyers must keep their clients' information private and cannot use it against the client unless they have the client's informed written consent. This obligation to maintain confidentiality lasts even after the lawyer-client relationship has ended.
Worked example
A lawyer learns that their former client is involved in a lawsuit that could benefit from the confidential information shared during their representation. If the lawyer uses this information to help a third party against the former client, they have violated the rule. The outcome is that the lawyer faces disciplinary action for breaching confidentiality.
Memory hook
Confidentiality lasts forever; don't spill the secrets!
The trap
Exams may present scenarios where the lawyer believes they can use client information because the representation has ended, but students often overlook the ongoing duty of confidentiality.
How examiners test it
Questions often involve hypothetical situations where a lawyer considers using client information after the relationship has ended, testing the candidate's understanding of the continuing nature of confidentiality obligations.
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More Professional Responsibility rules
- Duty of Confidentiality · Cal. Bus. & Prof. Code § 6068(e); Rule 1.6
- Client Trust Account — IOLTA · Cal. Rules of Prof. Conduct 1.15
- Duty to Report Misconduct · Cal. Rules of Prof. Conduct 8.3
- Unconscionable Fees · Cal. Rule 1.5
- Fee Division Among Lawyers · Cal. Rule 1.5.1
- Compensation from Third Parties · Cal. Rule 1.8.6