Which of the following is NOT a permissible basis for disclosing confidential information under the confidentiality rule?

• A. To prevent death or substantial bodily harm
• B. To prevent crime or fraud
• C. To secure legal advice about compliance
• D. To solicit a new client

Answer: (D)

Disclosures of confidential information are allowed only in a few narrow situations that are directly tied to protecting safety, preventing crime, or enabling proper legal work. The rule lets you reveal information to prevent reasonably certain death or substantial bodily harm; to prevent crime or fraud that is reasonably certain to result in substantial financial loss or to further that crime; and to secure legal advice about compliance with the Rules. It also allows disclosures in other tightly defined contexts, like defending a claim against the lawyer, but not for purposes of marketing or getting a new client.

Soliciting a new client is not one of those permitted bases. Disclosing confidential information to recruit a client serves a purpose unrelated to carrying out the representation or complying with ethical rules, so it falls outside the allowed exceptions. Therefore, the option about soliciting a new client is the one that is not permissible.