Certified Legal Professional (CLP) Practice Exam

What must an attorney consider when choosing to disclose a client's situation publicly?

1. The benefit of the disclosure outweighing the client's confidentiality

2. Client consent must always be sought prior to any disclosure

3. Attorneys can disclose anything unless the client explicitly forbids it

4. The attorney may disclose any information if it serves the attorney's interests

The correct answer is: Client consent must always be sought prior to any disclosure

When deciding whether to publicly disclose information about a client's situation, an attorney has a primary ethical obligation to maintain client confidentiality. Seeking client consent before making any disclosures aligns with the fundamental principles set forth in the rules of professional conduct. This approach emphasizes the respect for the client's autonomy and their right to control personal and sensitive information. Consent must be informed and voluntary, meaning the attorney must adequately explain the potential implications of the disclosure to the client while ensuring the client fully understands what they are consenting to. By prioritizing client consent, the attorney not only upholds ethical standards but also nurtures trust in the attorney-client relationship. Other options suggest that circumstances might justify disclosure without explicitly seeking permission, which could lead to breaches of confidentiality that violate ethical rules. The premise that attorneys can disclose information unless specifically instructed otherwise undermines the foundational tenets of legal practice, which prioritize client confidentiality and consent.