Confidentiality in Clinical Education: A Guide for Law Students

Question 1

Which exception to the rule of confidentiality permits disclosure without client consent?

Accepted Answer

Options 1 and 2 only

Answer

When there is imminent danger to self or others

Answer

When the client is a minor

Answer

When the client is suspected of committing a crime

Question 2

What is the ethical conflict posed by the duty to report child abuse versus the duty to uphold confidentiality?

Accepted Answer

Deciding whether to disclose the information to child protection services

Answer

Deciding whether to confront the alleged perpetrator

Answer

Deciding whether to continue therapy with the child

Answer

Deciding whether to seek guidance from a supervisor

Question 3

In clinical education, what is the primary ethical obligation of attorneys?

Accepted Answer

Protecting client confidentiality

Answer

Representing clients aggressively

Answer

Disclosing relevant information to opponents

Answer

Advising all potential clients

Question 4

How can attorneys best protect client information when using email?

Accepted Answer

Encrypted email service

Answer

Personal email account

Answer

University email account

Answer

Avoid email for confidential information

Question 5

During client interviews, which strategy is key for maintaining confidentiality?

Accepted Answer

Private and secure interview location

Answer

Detailed note-taking

Answer

Legal jargon

Answer

Allowing support persons

Question 6

True or False: The duty of confidentiality extends to all information obtained by an attorney from a client, regardless of whether the information is privileged.

Accepted Answer

True

Answer

False

Question 7

How does the duty of confidentiality vary based on the level of supervision in clinical education settings?

Accepted Answer

Confidentiality applies differently in various clinical education settings due to varying levels of supervision.

Answer

Confidentiality applies equally in all clinical education settings.

Answer

Confidentiality applies more stringently in pro bono work than in other clinical settings.

Question 8

Which of the following is NOT a challenge to maintaining confidentiality in clinical education?

Accepted Answer

Ensuring that students are fully aware of their ethical and legal responsibilities to maintain confidentiality

Answer

Balancing the need for confidentiality with the need to provide constructive feedback to students

Answer

Preventing unauthorized disclosure of sensitive client information

Answer

Managing conflicts of interest that may arise when students work with clients who are personal acquaintances

Question 9

What is the attorney-client privilege?

Accepted Answer

A legal rule that protects communications between an attorney and client from being disclosed to third parties without the client's consent

Answer

A moral obligation to keep client information confidential

Answer

A code of ethics that governs the conduct of attorneys

Answer

A set of guidelines for maintaining confidentiality in clinical education

Question 10

What is the "four walls" rule?

Accepted Answer

A rule that prohibits attorneys from discussing client information with anyone outside of the attorney-client relationship without the client's consent

Answer

A rule that requires attorneys to document all client communications

Answer

A rule that allows attorneys to disclose client information with the client's consent

Answer

A rule that governs the use of technology in clinical education

Question 11

What is the ethical duty of confidentiality?

Accepted Answer

An obligation to maintain the confidentiality of client information unless the client waives the privilege or there is an exception

Answer

An obligation to disclose client information to protect the client from harm

Answer

An obligation to disclose client information to the court

Answer

An obligation to disclose client information to law enforcement

Question 12

Which of the following is NOT an exception to the attorney-client privilege?

Accepted Answer

The attorney is subpoenaed to testify about a non-privileged communication

Answer

The client waives the privilege

Answer

The information is necessary to prevent imminent harm

Answer

The information is part of a crime or fraud

Question 13

What is the "work-product doctrine"?

Accepted Answer

A doctrine that protects attorney work product from being disclosed to opposing counsel unless there is a showing of good cause

Answer

A doctrine that requires attorneys to disclose all work product to the court

Answer

A doctrine that allows attorneys to share work product with colleagues

Answer

A doctrine that governs the use of technology in clinical education

Question 14

Which of the following is NOT a legal obligation of attorneys to maintain client confidentiality?

Accepted Answer

To increase the likelihood of successful outcomes

Answer

To protect the privacy of clients

Answer

To avoid violating the confidentiality of privileged communications

Answer

To comply with ethical rules and avoid disbarment

Question 15

What is the ethical obligation of attorneys to maintain client confidentiality under Rule 1.6 of the ABA Model Rules of Professional Conduct?

Accepted Answer

To disclose information about clients only with the client's informed consent

Answer

To keep all information about clients secret from everyone

Answer

To disclose information about clients whenever it is in the best interests of the client, as determined by the attorney

Answer

To decide on a case-by-case basis whether to disclose information about clients

Question 16

Which of the following is NOT a strategy for protecting client information in a clinical education setting?

Accepted Answer

Discussing client information with other students in the clinic

Answer

Using secure communication methods

Answer

Storing client files in a locked location

Answer

Shredding client documents when they are no longer needed

Question 17

True or False: The attorney-client privilege is absolute and can never be breached.

Accepted Answer

False

Answer

True

Question 18

True or False: Attorneys are only required to maintain confidentiality during the time that they are actively representing the client.

Accepted Answer

False

Answer

True

Question 19

How can law students use social media in clinical education while protecting client confidentiality?

Accepted Answer

Students must carefully manage their social media presence to protect client confidentiality.

Answer

Social media should be banned in clinical education.

Answer

Students should avoid all social media to prevent confidentiality breaches.

Answer

Confidentiality concerns don't apply to social media in clinical education.

Question 20

Which of the following is NOT a best practice for protecting client confidentiality?

Accepted Answer

Storing client information on personal devices for easy accessibility.

Answer

Utilizing secure communication methods like encrypted email and messaging platforms.

Answer

Storing client files in a secure, password-protected location with limited access.

Answer

Discussing client matters only with authorized personnel on a need-to-know basis.

Question 21

If a client informs their attorney that they intend to commit a crime, the attorney has an ethical and legal duty to:

Accepted Answer

Report the client's intentions to the appropriate authorities.

Answer

Maintain the information as confidential.

Answer

Convince the client to reconsider their actions.

Answer

Withdraw from representing the client without disclosing the reason.

Question 22

True or False: An attorney may share client information with their supervisor without the client's explicit consent.

Accepted Answer

False

Answer

True

Question 23

Upon receiving a subpoena requesting client information, an attorney should:

Accepted Answer

Contact the client and seek their instructions on how to proceed.

Answer

Immediately release the information to the requesting party.

Answer

File a motion to quash the subpoena, challenging its validity.

Answer

Ignore the subpoena and hope it goes away.

Question 24

Which of the following is NOT a core principle of confidentiality in clinical education?

Accepted Answer

Enhancement of the attorney's reputation

Answer

Respect for client autonomy and their right to privacy

Answer

Prevention of harm to the client or others

Answer

Preservation of the attorney-client relationship

Question 25

What is the primary purpose of the Health Insurance Portability and Accountability Act (HIPAA) in the context of clinical education?

Accepted Answer

To safeguard the privacy of patient health information

Answer

To regulate the use of electronic health records

Answer

To enforce penalties for breaches of confidentiality

Answer

To establish standards for informed consent

Question 26

Which of the following statements is incorrect about the attorney-client privilege?

Accepted Answer

It only applies to communications related to criminal matters.

Answer

It is a legal right that safeguards communications between a client and their lawyer.

Answer

It applies to all communications made in the context of legal advice.

Answer

It can be waived by the client

Question 27

Which of the following is NOT a best practice for maintaining confidentiality?

Accepted Answer

Discussing client information with colleagues or friends for advice

Answer

Using encrypted communication channels

Answer

Storing client files in a secure location

Answer

Shredding or destroying client files when no longer needed

Question 28

When is an attorney obligated to disclose confidential information involving a child client?

Accepted Answer

When the child is at imminent risk of harm.

Answer

When the attorney believes the information is relevant to the child's case.

Answer

Only with the consent of the child's parents or guardians.

Answer

Never, as all communications with child clients are absolutely privileged.

Question 29

What does the work product doctrine protect?

Accepted Answer

An attorney's mental impressions, conclusions, and legal theories.

Answer

All communications between an attorney and their client.

Answer

The identity of the attorney's client.

Answer

Client files and documents.

Question 30

Under what circumstances must an attorney withdraw from representation due to a client's criminal conduct?

Accepted Answer

When the crime is likely to result in substantial injury to the public.

Answer

Whenever the client admits to committing a crime.

Answer

Only if the crime is a felony.

Answer

Never, as the attorney-client privilege requires representation regardless of the client's actions.

Question 31

Which ethical principle is paramount for attorneys regarding client confidentiality?

Accepted Answer

Maintaining the secrecy of client information.

Answer

Using client information for personal gain.

Answer

Disclosing client information to authorities without a warrant.

Question 32

What legal doctrine establishes the attorney-client privilege?

Accepted Answer

Common law

Answer

Federal statute

Answer

State constitutional provision

Question 33

What is the most effective method to safeguard client information from unauthorized access?

Accepted Answer

Utilizing secure communication channels and data storage systems.

Answer

Sharing client information with administrative assistants and other non-attorneys.

Answer

Storing client information on publicly accessible cloud platforms.

Question 34

Which action constitutes a breach of confidentiality?

Accepted Answer

Disclosing client information to a third party without their consent.

Answer

Discussing case details with colleagues involved in the representation.

Answer

Documenting client communications in written notes.

Question 35

In what limited circumstance is an attorney ethically bound to disclose confidential client information?

Accepted Answer

When necessary to prevent serious harm to the client or others.

Answer

To assist the client in committing a crime.

Answer

To gain an advantage in litigation.

Question 36

What is the fundamental objective of maintaining confidentiality in clinical education?

Accepted Answer

Protecting the privacy and well-being of clients and their families.

Answer

Facilitating trust-building between professionals and clients.

Answer

Preventing the spread of rumors and gossip.

Question 37

Informed consent in the context of confidentiality requires that:

Accepted Answer

Clients are made aware of the limits of confidentiality before sharing information

Answer

Only attorneys can consent to the disclosure of client information

Answer

Confidentiality is absolute and cannot be waived by clients

Answer

Clients can never consent to the disclosure of their information

Question 38

To protect client confidentiality in clinical education, it is important to:

Accepted Answer

Use secure communication channels, store records safely, and limit access to information to authorized personnel

Answer

Share client information with colleagues without consent

Answer

Neglect to document client interactions

Answer

Store records in easily accessible locations

Question 39

The attorney-client privilege is:

Accepted Answer

A legal rule that protects communications between an attorney and client from disclosure

Answer

A standard that applies only to criminal cases

Answer

A contractual agreement between an attorney and client

Answer

A moral obligation to keep client information confidential

Question 40

The duty of confidentiality owed to former clients includes:

Accepted Answer

Maintaining the confidentiality of all information acquired during the attorney-client relationship

Answer

Maintaining the confidentiality of only information that is still relevant to the former client's case

Answer

Disclosing confidential information to prevent harm to the former client

Answer

Providing access to confidential information to the former client's family

Question 41

Ethical obligations of attorneys regarding confidentiality include:

Accepted Answer

Avoiding conflicts of interest, disclosing confidential information only when required by law, and taking reasonable steps to protect client information

Answer

Disclosing confidential information to supervisors or colleagues without client consent

Answer

Storing confidential information on personal devices

Answer

Never disclosing confidential information under any circumstances

Question 42

Best practices for maintaining confidentiality in clinical education include:

Accepted Answer

Securely storing client files, limiting access to confidential information, and avoiding discussing confidential information in public

Answer

Sharing confidential information with unauthorized personnel

Answer

Using social media to discuss client cases

Answer

Storing client files in an unlocked cabinet

Question 43

Potential consequences of breaching confidentiality include:

Accepted Answer

Disciplinary action, loss of reputation, and civil liability

Answer

Promotion to a higher position

Answer

Only disciplinary action

Answer

Only loss of reputation

Question 44

In the event of an accidental disclosure of confidential information, it is advisable to:

Accepted Answer

Notify the client immediately, take steps to mitigate the damage, and document the incident

Answer

Tell the client that you made a mistake but don't provide any details

Answer

Blame the client for the disclosure

Answer

Ignore the mistake and hope that the client doesn't find out

Question 45

What are the differences between confidentiality and privilege?

Accepted Answer

Confidentiality is a broader concept that includes both legal and ethical obligations to maintain secrecy, while privilege is a legal rule that protects certain communications from disclosure

Answer

Confidentiality and privilege are the same thing