What must an attorney do if they discover a client is engaging in criminal activity?

Gain expertise for the California Professional Responsibility Exam. Study with targeted questions and detailed explanations to master ethics and professionalism. Prepare efficiently for your exam!

An attorney is bound by rules of professional conduct, which emphasize the importance of attorney-client confidentiality. However, if an attorney discovers that a client is involved in criminal activity, there are specific duties they must adhere to. The correct answer highlights that an attorney must maintain confidentiality regarding the client's disclosures unless given consent to disclose or there is a clear and imminent danger of a future crime.

This approach aligns with the ethical framework guiding lawyers, which seeks to foster open communication between clients and their attorneys, encouraging clients to be candid about their situations without fear that their disclosures will automatically lead to their prosecution. The exceptions to maintaining confidentiality arise in circumstances where the attorney believes the client intends to commit a crime that could result in substantial harm, thus justifying limited disclosure to prevent such harm.

Other options do not align with these ethical considerations. For instance, disclosing information to law enforcement immediately without consent or a specific legal obligation would breach the attorney-client privilege. Similarly, ignoring criminal activity altogether can undermine the attorney's duty to provide competent representation and guidance to the client. Sharing information with other clients would violate confidentiality, disregarding the protections offered by the attorney-client relationship.

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