New York Law (NYLE) Practice Exam

When may an attorney reveal a client confidence?

1. To collect a fee.

2. To prevent reasonably certain death.

3. To respond to the client's criticism on a website.

4. To seek advice from another attorney.

The correct answer is: To prevent reasonably certain death.

An attorney may reveal a client confidence to prevent reasonably certain death based on the exceptions to the duty of confidentiality outlined in the New York Rules of Professional Conduct. This principle emphasizes the attorney's responsibility not only to safeguard the information disclosed by the client but also to act in situations where there is a legitimate risk of substantial harm. In this scenario, when an attorney believes that a client’s actions could lead to a situation where there is a clear and imminent danger of death or serious bodily harm, they have a professional and ethical obligation to disclose any necessary information to avert that harm. This exception underscores the importance of human life and safety over the strict confidentiality obligations that attorneys usually adhere to. Other scenarios, such as collecting a fee, responding to a client’s public criticism, or seeking advice from another attorney, do not meet the criteria for revealing client confidences. Collecting a fee may require certain disclosures, but those disclosures must still respect the confidentiality of the client’s information unless otherwise authorized. Similarly, seeking advice from another attorney typically should be done in a manner that does not compromise the client's confidential information. Responding to criticism from a client on a public platform does not constitute a situation where the attorney’s obligation to maintain confidentiality can be breached. Thus, the