Is it permissible to use information about a client to advise a third party without the client’s consent?

• A. Yes, if the third party is a close confidant.
• B. No; such disclosure would violate confidentiality unless an exception applies.
• C. Only if the client fails to object within 30 days.
• D. Only if the information is already public.

Answer: (B)

The idea being tested is that information learned from representing a client is confidential and may only be shared with others under strict limits. Generally you may not use or disclose a client’s information to a third party to give that third party advice without the client’s consent. The only time you may reveal such information without consent is when the disclosure is impliedly authorized to carry out the representation (for example, sharing with colleagues, experts, or staff who need the information to provide legal services). You may also disclose if a specific exception applies, such as to prevent reasonably certain death or substantial bodily harm, to prevent a crime or fraud reasonably certain to cause substantial financial harm, to obtain legal advice about compliance with the Rules or law, or to comply with a court order or other law. If the information is already public, confidentiality doesn’t apply to that information, so sharing what’s public is permissible, but you shouldn’t reveal more than what’s already public. In this scenario, advising a third party without consent would be impermissible unless an exception applies.