Multistate Professional Responsibility Exam Practice Question
Dana is an attorney advising a business associate who confides that they plan to forge a signature on an upcoming contract, creating a financial loss for the other party. The client insists that Dana preserve confidentiality. Under the local rule, revealing information is permitted if it will prevent a substantial monetary injury. What approach is appropriate for Dana?
Dana remains silent unless the forgery is actually carried out, then considers announcing the client's wrongdoing.
Dana maintains secrecy in all financial dealings, since an unexecuted plan is not an immediate issue.
Dana notifies the relevant individuals of the client's fraudulent intentions, as ethical standards allow measures to avert serious monetary harm.
Dana partially discloses the client’s intention to another attorney for input, but avoids informing anyone else of the potential forgery.
An approach that addresses the planned wrongdoing aligns with ethical obligations in many jurisdictions, which grant attorneys the power to reveal the client’s intentions to avert serious financial harm to another. The other suggestions either fail to stop the planned act, restrict timely action, or misinterpret the available exception and thereby neglect the primary goal of preventing harm.
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