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

• A. To obtain a bank loan using confidential information
• B. To prevent death or substantial bodily harm
• C. To secure legal advice about compliance
• D. To establish a claim or defense for the lawyer

Answer: (B)

The central idea here is that a lawyer may disclose confidential information only in limited, specific situations designed to protect clients, the public, or the legal process. Those I can think of include: to prevent reasonably certain death or substantial bodily harm; to obtain legal advice about compliance with the rules; to establish a claim or defense for the lawyer in a dispute with the client; to comply with a court order or law; and to prevent crime or fraud that is reasonably certain to cause substantial financial injury (to the extent the lawyer’s services are used in that crime or fraud).

Among the scenarios given, the one that is not permissible is disclosing confidential information to a bank to obtain a loan. That purpose isn’t about preventing harm, getting legal advice, defending the lawyer, or complying with law, and it isn’t about preventing a crime or fraud. The other three scenarios fit recognized exceptions: disclosure to prevent harm is allowed; disclosure to secure legal advice is allowed; and disclosure to establish a claim or defense for the lawyer is allowed.