Which statement about confidentiality exceptions differences MR vs CA is accurate?

Which statement about confidentiality exceptions differences MR vs CA is accurate?

• A. MR permits disclosure for death or harm; CA allows disclosure for financial harm with good faith stop
• B. MR forbids any disclosure; CA forbids as well
• C. MR and CA have identical rules
• D. MR and CA only allow disclosure after a court order

Answer: (A)

Confidentiality has limited exceptions, and the two sets of rules treat those exceptions differently. Under the Model Rules, a lawyer may disclose confidential information to prevent reasonably certain death or substantial bodily harm, and also to prevent or mitigate a crime or fraud that is reasonably certain to cause substantial financial harm. California’s rules, on the other hand, allow disclosure in the context of preventing financial harm—but with a requirement that the lawyer make a good-faith effort to stop the wrongdoing before disclosing. In short, the Model Rules explicitly cover life-and-bodily-harm situations, while California emphasizes preventing financial harm with a good-faith attempt to halt the client’s misconduct. This is why the statement aligning MR with death or harm disclosures and CA with financial-harm disclosures (plus a good-faith stop) best captures the difference.

Confidentiality has limited exceptions, and the two sets of rules treat those exceptions differently. Under the Model Rules, a lawyer may disclose confidential information to prevent reasonably certain death or substantial bodily harm, and also to prevent or mitigate a crime or fraud that is reasonably certain to cause substantial financial harm. California’s rules, on the other hand, allow disclosure in the context of preventing financial harm—but with a requirement that the lawyer make a good-faith effort to stop the wrongdoing before disclosing. In short, the Model Rules explicitly cover life-and-bodily-harm situations, while California emphasizes preventing financial harm with a good-faith attempt to halt the client’s misconduct. This is why the statement aligning MR with death or harm disclosures and CA with financial-harm disclosures (plus a good-faith stop) best captures the difference.