Multistate Professional Responsibility Exam Practice Question
Carla meets with her legal counsel and brings a personal acquaintance for support. This individual lacks involvement in Carla’s legal tasks and does not assist with the conversation. A dispute arises over the content of their discussion. Which statement best reflects how confidentiality is handled?
Protection remains intact if the lawyer removes references to the observer from relevant records.
Confidentiality is not dissolved if the client expressly agrees to the third parties presence.
Shared information remains protected if the observer does not speak about the discussion.
The presence of an outside observer with no direct role can disrupt confidential communications.
Confidential legal communication requires a private exchange between lawyer and client (along with necessary interpreters or associates). An uninvolved third party can undermine protection by introducing nonessential participation. Remaining silent or removing related notes after the fact does not restore fully protected status.
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What is meant by 'confidentiality' in a legal context?
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