In what scenario can a lawyer disclose client information while handling a conflict of interest with a prospective client?

Prepare for the ABA Model Rules of Professional Conduct Exam. Use multiple-choice questions with detailed explanations to understand professional conduct rules for legal practice. Ace your exam!

The correct answer is grounded in the provisions set by the Model Rules of Professional Conduct concerning conflicts of interest and the protection of client confidentiality. Specifically, Rule 1.9 and 1.18 address conflicts pertaining to former and prospective clients.

In this scenario, a lawyer may disclose client information if they obtain informed consent from the client, meaning that the client is fully aware of the potential implications of the disclosure and agrees to it. Additionally, if the lawyer takes reasonable measures to ensure that the confidential information is protected and that the prospective client’s access to such information is limited, then disclosure is permissible. This allows the lawyer to effectively address potential conflicts while still maintaining the foundational duty to protect client confidentiality as outlined in the ethical rules.

Thus, this option correctly reflects the balance the Model Rules aim to maintain between a lawyer’s duty to protect client information and the need to address conflicts that may arise in legal practice, particularly when a lawyer is approached by a prospective client. The other choices either impose unreasonable restrictions that contradict the goal of informed consent or fail to recognize the conditions under which disclosures can appropriately occur.

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