Question

An attorney represents a client who went through a divorce several years ago in another state, and the divorce resulted in a court order for child support and spousal maintenance. The client then moved to the attorney's state, started a new career in politics, and formed new relationships. She has kept her previous marriage a divorce a secret, except from her closest friend and her attorney, because she is afraid it will affect her new career and public image. Recently, she hired her attorney to handle various legal matters for her, which included issuing a press release about her withdrawal from a political campaign. When news media outlets posted online about the client's withdrawal from the race, the attorney responded to some of the comments that readers posted, to clear up some misunderstandings. In one of the attorney's responses, he mentioned the client's previous marriage and divorce. Did the attorney violate the duty of confidentiality?

Answer 1

The attorney likely violated the duty of confidentiality by disclosing a client's previous marriage and divorce without consent. Maintaining client confidentiality is a core ethical obligation for attorneys, critical to the integrity of the legal profession.

Step-by-step explanation:

The question pertains to whether an attorney violated the duty of confidentiality by disclosing information about a client's previous marriage and divorce in a public forum. The duty of confidentiality is fundamental in the attorney-client relationship, designed to protect client's private information unless specific, informed consent is given.

By sharing this information in comments to news media, without the client's explicit permission, the attorney potentially breached this duty unless an exception to confidentiality applied, which is not indicated in the scenario provided. Attorneys must maintain confidentiality of all information related to the representation of their clients, as per the American Bar Association's (ABA) Model Rules of Professional Conduct.