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

• A. To solicit new clients
• B. To prevent death or substantial bodily harm
• C. To prevent crime or fraud
• D. To comply with the rules of the court

Answer: (A)

The key concept here is the scope of attorney-client confidentiality and the limited, allowed exceptions for disclosure. Disclosing confidential information to solicit new clients is not permitted because confidentiality protects client information from being used for the attorney’s or firm’s gain in recruiting, and there isn’t an exception that lets a lawyer reveal confidences merely to attract business.

The other bases are allowed under the rules, because they respond to situations where disclosure is necessary or required: revealing information to prevent reasonably certain death or substantial bodily harm is allowed to avert serious harm; disclosing to prevent crime or fraud is permitted when needed to stop ongoing or planned wrongdoing that the attorney’s services are used to accomplish; and disclosing to comply with the rules of the court is permitted when the disclosure is required by law or a court order.