Certified Legal Professional (CLP) Practice Exam

If an attorney presents a threat to disclose confidential information to collect a fee, is this proper?

1. Yes, attorneys can do this when required

2. No, it breaches attorney-client confidentiality

3. Yes, if the client owes money

4. No, as it can harm the client’s future

The correct answer is: No, it breaches attorney-client confidentiality

The correct answer highlights a fundamental principle in the legal profession known as attorney-client confidentiality. An attorney is ethically bound to protect the confidentiality of information obtained from a client during the course of the attorney-client relationship. Threatening to disclose confidential information to collect a fee directly violates this duty of confidentiality, which is crucial for maintaining trust and encouraging clients to communicate openly with their attorneys. Confidentiality is a cornerstone of the legal system, and it ensures that clients can share sensitive information without fear of it being used against them or disclosed improperly. Any breach of this confidentiality not only undermines the trust that is essential for effective legal representation but can also lead to serious legal and ethical consequences for the attorney. In the context of the other choices, while some may seem to suggest scenarios where disclosure is acceptable, they fail to recognize the inherent obligation attorneys have to safeguard their clients' information above all else. Thus, presenting a threat to disclose such information is unequivocally unethical and impermissible.