Certified Legal Professional (CLP) Practice Exam

What is the appropriate action for an attorney if they discover evidence of past crimes committed by a client during representation?

1. Inform law enforcement immediately

2. Maintain confidentiality unless a crime is imminent

3. Conceal the information to protect client rights

4. Encourage the client to report the past crimes voluntarily

The correct answer is: Maintain confidentiality unless a crime is imminent

In the context of attorney-client confidentiality, the appropriate action when an attorney discovers evidence of past crimes committed by a client during representation is to maintain confidentiality unless a crime is imminent. This principle stems from the duty of lawyers to preserve the confidentiality of information related to the representation of a client, as outlined in professional conduct rules. Attorneys are bound by ethical obligations to keep their clients' information private, even if it pertains to past illegal actions. The rationale behind this confidentiality is to foster open and honest communication between the attorney and the client, which is essential for effective legal representation. Moreover, revealing such information without the client's consent does not align with the ethical standards of the legal profession unless there is a clear and present danger or if a future crime is about to occur. This understanding is critical for legal professionals and helps them navigate the complex interplay between their responsibilities to uphold the law and their duty to protect client confidentiality. The other choices, while they may seem aligned with ethical responsibilities, do not accurately reflect the established standards concerning the handling of past crimes.