Confidentiality and Privilege in Legal Ethics: A Comprehensive Guide for LLM Students

Question 1

In which situation may a lawyer ethically disclose confidential client information without their consent?

Accepted Answer

To prevent a serious crime

Answer

To win a case

Answer

To protect the lawyer's reputation

Question 2

Which ethical principle requires lawyers to maintain the confidentiality of client communications?

Accepted Answer

The duty of confidentiality

Answer

The duty of loyalty

Answer

The duty to avoid conflicts of interest

Answer

The duty to competently represent clients

Question 3

What is the scope of the duty of confidentiality?

Accepted Answer

Extends to all information acquired by the lawyer during representation

Answer

Limited to conversations during formal legal consultations

Answer

Applies only to written communications

Answer

Excludes information already in the public domain

Question 4

How does the duty of confidentiality interact with the duty of candor toward the court?

Accepted Answer

The two duties must be balanced on a case-by-case basis

Answer

The duty of confidentiality always takes precedence

Answer

The duty of candor always overrides the duty of confidentiality

Answer

The duty of candor applies only in criminal proceedings

Question 5

What is the primary purpose of maintaining client confidentiality in the legal profession?

Accepted Answer

To preserve the attorney-client relationship and foster trust

Answer

To protect the lawyer's reputation

Answer

To maintain a competitive advantage

Answer

To avoid unnecessary litigation

Question 6

Which of the following is NOT an exception to the solicitor's duty of confidentiality?

Accepted Answer

Lawyer's financial interests

Answer

Client consent

Answer

Prevention of harm

Answer

Legal advice privilege

Question 7

Who is the primary beneficiary of legal privilege?

Accepted Answer

The client

Answer

The lawyer

Answer

The judge

Answer

The jury

Question 8

What is the ethical obligation of a lawyer who becomes aware of their client's intention to commit a future crime?

Accepted Answer

To advise the client of the potential consequences and consider withdrawing from representation if the client persists

Answer

To report the client to the authorities immediately

Answer

To do nothing

Answer

To assist the client in carrying out the crime

Question 9

Can a client waive their right to confidentiality?

Accepted Answer

Yes, in writing

Answer

Yes, verbally

Answer

No, under any circumstances

Answer

Only in exceptional circumstances

Question 10

Which of the following is NOT a factor that courts consider when determining whether to waive legal privilege?

Accepted Answer

The lawyer's financial interests

Answer

The importance of the evidence

Answer

The fairness of the trial

Answer

The public interest

Question 11

Identify the exceptions to the duty of confidentiality.

Accepted Answer

Preventing a serious crime

Accepted Answer

Complying with a valid court order

Answer

Furthering the client's financial interests

Question 12

Which of the following is NOT a recognized exception to the duty of confidentiality for a lawyer in the UK?

Accepted Answer

A lawyer's own personal interests

Answer

Prevention of serious harm

Answer

Compliance with a court order

Answer

Client consent

Question 13

Which of the following is a limitation on the scope of solicitor-client privilege?

Accepted Answer

Communications made in furtherance of a crime or fraud are not privileged.

Answer

Only communications made in person are privileged.

Answer

Only communications made in writing are privileged.

Question 14

Which of the following is an ethical consideration for lawyers when dealing with confidential client information?

Accepted Answer

Balancing the client's right to confidentiality with the lawyer's duty to the court

Answer

Never disclosing confidential client information to anyone

Answer

Always disclosing confidential client information to the court

Question 15

In which of the following situations would a solicitor be justified in refusing to disclose confidential client information to the court?

Accepted Answer

Where disclosure would violate the client's legal privilege

Answer

Where the client has consented to disclosure

Answer

Where disclosure would serve the public interest

Question 16

Which of the following is a key principle underlying the duty of confidentiality?

Accepted Answer

Clients must be able to confide in their lawyers without fear of disclosure

Answer

Lawyers must always act in their clients' best interests

Answer

Confidential information must never be disclosed to anyone

Question 17

Under UK law, which of these communications is protected by Solicitor-Client Privilege?

Accepted Answer

A confidential communication between a client and their solicitor regarding legal advice

Answer

A communication between a client and a non-legal advisor about legal matters

Answer

A communication between a solicitor and a third party regarding a client's matter

Question 18

What is the primary purpose of the duty of confidentiality for lawyers in the UK?

Accepted Answer

To foster trust and encourage open communication between clients and their lawyers

Answer

To ensure the efficient administration of justice

Answer

To prevent lawyers from engaging in unlawful conduct

Question 19

In which of these situations might a lawyer be compelled to disclose confidential client information?

Accepted Answer

When ordered by a court to do so

Answer

When the client gives explicit consent

Answer

To protect the lawyer's own interests

Answer

To assist a client in committing a crime

Question 20

What is the ethical duty of a lawyer in the UK if they receive confidential information suggesting a client intends to commit a crime?

Accepted Answer

To advise the client of the potential consequences of their actions and explore alternative options

Answer

To immediately report the client to the authorities

Answer

To ignore the information and continue representing the client

Question 21

Which of the following statements best reflects a key principle underlying the duty of confidentiality in UK law?

Accepted Answer

The client's right to confidentiality is paramount, but it is not absolute

Answer

Confidentiality is only required when the information is harmful to the client

Answer

The lawyer's duty to the court always overrides the duty to the client

Question 22

What is a common ethical issue that can arise regarding confidentiality for lawyers in the UK?

Accepted Answer

Balancing a client's right to confidentiality with the lawyer's obligation to prevent serious harm

Answer

The conflict between the lawyer's personal interests and the client's interests