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

• A. To prevent death or substantial bodily harm
• B. To comply with the rules of the court
• C. To secure legal advice about compliance
• D. To disclose confidential information to a non-client for amusement

Answer: (D)

The concept being tested is that confidentiality is protected, but only in narrow, clearly defined situations where disclosure is permitted. Disclosing confidential information to prevent death or substantial bodily harm is allowed because safeguarding a person’s safety takes precedence over maintaining confidentiality. Disclosing to comply with the rules of the court is permissible since the court’s authority or applicable law can require disclosure. Disclosing to secure legal advice about compliance is also allowed, as lawyers may reveal confidential information to obtain guidance on how to meet their ethical obligations. However, disclosing confidential information to a non-client for amusement has no legitimate legal or ethical purpose and would undermine the duty of confidentiality, so it is not a permissible basis for disclosure.