Under what circumstances can a lawyer disclose client confidences?

A lawyer may disclose client confidences with the client's consent. This principle is rooted in the attorney-client privilege, which is designed to encourage open and honest communication between a client and their attorney. The privilege is upheld under the California Rules of Professional Conduct, specifically Rule 1.6, which emphasizes the importance of maintaining confidentiality but also recognizes that a client has the right to waive this confidentiality if they choose.

Consent can be explicit or implicit, and it allows for flexible engagement in legal strategies, negotiations, and other dealings where the client's interests may be enhanced by sharing certain information. For a lawyer, obtaining the client’s informed consent is essential, ensuring that the client understands the implications of disclosing their information and the potential consequences.

The other options do not align with the ethical guidelines for attorneys. Gaining an advantage in negotiations or enhancing a professional reputation are not acceptable reasons for breaching client confidentiality, as they prioritize the lawyer's interests over the client's rights and protections. Personal reasons do not constitute a valid justification under professional responsibilities either, as attorneys are bound to prioritize their clients’ interests and maintain confidentiality to uphold the integrity of the attorney-client relationship.