Question

. An attorney has been practicing for many years, and he is now representing a client who is a notorious celebrity-turned-criminal in a criminal case involving drug charges. The attorney is confused about whether he may publicly disclose information that he learned in confidence from his client if the information is already a matter of public record, and his research indicates there is a split of authority on this question. Seeking clarification, the attorney calls another lawyer who specializes in lawyer malpractice and lawyer disciplinary matters to seek advice about what course of action would comply with the Rules of Professional Conduct. The other lawyer, an expert in legal ethics, agrees to provide an opinion and to keep the conversation a secret. The attorney tries to use a hypothetical to explain the problem, but given the client's national reputation and celebrity status, the other lawyer knows immediately who the client is, and can easily surmise the nature of the confidential information. In addition, the attorney mentions that his client is secretly a bisexual and has been having an affair with both the male and female hosts of a nationally televised morning talk show, though neither of them is aware that the other is having an affair with the same person. Is the attorney subject to discipline for disclosing confidential information about his client?

Answer 1

The attorney could face disciplinary action for disclosing confidential information without consent, as the ethical guidelines of the legal profession, including the Rules of Professional Conduct, require that such information remains confidential unless the client permits disclosure or specific exceptions apply.

Step-by-step explanation:

The ethical dilemma presented revolves around the attorney's duty of confidentiality in relation to privileged communication between attorney and client, as stipulated by the Rules of Professional Conduct.

If the attorney publicly discloses confidential information without consent, even if the information is a matter of public record or not directly related to the legal representation (such as the client's personal affairs concerning their sexuality), they might be subject to disciplinary action.

Ethics require that information gained in the lawyer-client relationship remains confidential unless the client gives informed consent for disclosure, or an exception to confidentiality applies as defined by the rules governing the legal profession.

Cases like Branzburg v. Hayes and Strickland v. Washington touch on related issues of legal ethics and rights to confidentiality, highlighting that privileged information should generally be protected unless overriding legal obligations mandate disclosure.