Answer to Question 1
Exceptions to the confidentiality rule related to the prevention of harm include the following:
An attorney is allowed to reveal a client's information to prevent reasonably certain death or substantial bodily harm.
In certain situations, an attorney can disclose confidential information to prevent a client from committing a crime or fraud. The crime or fraud must be reasonably certain to result in substantial injury to the financial interests or property of another. Also, the client must have used or be using the attorney's services to perpetrate the crime or fraud. If both of these conditions are present, then the attorney can disclose information to the extent necessary to enable the affected person to contact the appropriate authorities.
If a client used the attorney to help commit a crime or fraud, and the crime or fraud will likely cause injury to the financial interests or property of another, the attorney can disclose confidential information to the extent necessary to prevent or reduce that injury.
An attorney can also disclose confidential information to establish a defense to a criminal charge in a controversy between the attorney and the client based on conduct involving the client or to respond to allegations in any proceeding regarding the attorney's representation of the client.
Answer to Question 2
A