A certified paralegal and an associate both work for the same mid-size law firm. About two years ago, the paralegal and the associate were assigned to work on a real estate transaction worth about $7,000,000. The firm was representing the seller, who was selling the property to a developer. After the transaction closed, a dispute arose between the developer, certain investors, and the general contractor. A lawsuit was eventually filed, and now, one of the parties has served subpoenas on the law firm, the associate, and a senior partner. Three weeks later, the associate was deposed regarding details of the client's matter. Did the associate violate the confidentiality rules?

Question

Quizplus · Accepted Answer

No, because a subpoena is a court order and the confidentiality rules allow disclosure of confidential information if necessary to comply with a court order. Under the confidentiality rules, lawyers and employees of lawyers are prohibited from disclosing any information related to the representation of a client, unless the client consents, give implied authority, or an exception applies. Model Rule 1.6(a). A lawyer may disclose confidential information to the extent reasonably necessary "to comply with [a] law or a court order." Model Rule 1.6(b)(6). Answer D is the best choice because the disclosure of confidential information by the associate is permitted under Rule 1.6(b)(6). Answer A is not the best choice because it accurately restates the rule, but does not consider whether an exception applies. Answer B is not the best choice because client consent was not necessary since the subpoena had been served. Answer C is not the best choice because the statement is not correct.

A Certified Paralegal and an Associate Both Work for the Same