Get Published!

The Editorial Board welcomes submissions from attorneys and other professionals who wish to share their expertise on law-related topics in the DSBA Bar Journal lawyer to follow the rules of State A a nd report the misconduct even if the client does not consent. articles

Scenario Four deals with the duties of confidentiality. A lawyer licensed in States A and B practices from an office in State A which is a Model Rule jurisdiction. Model Rule 1.6 permits, but does not require, a lawyer to disclose information relating to the representation to the extent the lawyer reasonably believes necessary to prevent reasonably certain death or substantial bodily harm.

State B’s confidentiality rule requires a lawyer to reveal client confidential information to prevent death or substantial bodily harm to another person.

Lawyer is representing a client who resides in State B in a transaction to purchase real estate in State A. The matter is not before tribunal. Client tells Lawyer of his intent to physically harm the seller severely at their next meeting. If the lawyer reasonably believes that the client will carry out the threat, is the Lawyer required to disclose it?

The Committee concluded that Rule 8.5(b)(2) applies because the matter is not before a tribunal and advises that the lawyer look to the Rules of the jurisdiction in which the lawyer’s conduct will occur or the predominant effect of the conduct will take place to determine the applicable Rule.

While the lawyer’s conduct of informing the seller of the client’s threat could take place anywhere, the committee concluded that the predominant effect of the lawyer’s conduct is in State B, where the physical meeting and likely harm will occur.

In Scenario Five , the Committee deals with screening when hiring lateral lawyers. In the hypothetical, a law firm with multiple U.S. offices would like to hire Lawyer A who is licensed in State A and would practice from the firm’s office in State A. That hiring would impute a former client conflict of interest to another lawyer at the firm, Lawyer B, who