Multistate Professional Responsibility Exam Practice Question
An attorney was hired by a company to investigate suspected wrongdoing. The attorney met privately with an employee, who discussed concerns related to the company. The employee then ended employment there, and during a later lawsuit, an opposing side demanded the attorney reveal those discussions. Which statement best addresses how the attorney should handle this demand for disclosure?
The attorney shares the statements because certain requests for information in a lawsuit must be released.
The attorney discloses the statements because the employee ended work at the company.
The attorney discloses details if wrongdoing is alleged in the private conversation.
The attorney declines the request, as the employee shared information in a confidential setting for the company’s legal needs.
These discussions were carried out for the purpose of receiving legal guidance. Even if the employee leaves, the substance of those conversations is still safeguarded when the purpose of the discussion was to obtain professional advice for the company. Other options incorrectly claim that departure or wrongdoing removes confidentiality or that certain demands in litigation override these protections.
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