Multistate Professional Responsibility Exam Practice Question
An attorney represented a client in a contract dispute and wants to publish an educational article discussing the legal strategies used. The article references specific transaction details that appeared in court records. Some of those details risk revealing the client’s identity. Choose the BEST option.
Demand the publication block out all details that could reveal the client's identity.
Avoid publication in any form to ensure no information about the client is disclosed
Publish as planned because the transaction details are available on public court records
Obtain client consent or revise the article so that the shared information does not reveal the client’s identity
Redacting or omitting information that links the client’s identity and seeking permission when there is a risk of disclosure preserves the attorney’s duty of confidentiality. Public records may still hold details that connect back to the client, so an attorney must avoid revealing confidential facts that are not generally known. Refraining from sharing confidential information without consent fulfills professional obligations. Publishing without safeguards risks revealing sensitive details and is not aligned with best practices.
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