Attorney Alice represented Polly in a claim involving a breach of Polly’s employment contract. The case was settled without suit being filed. The proceeds of the settlement were paid directly to Polly, who subsequently paid Alice in full for Alice’s fees and expenses. Thereafter, Alice did no other work for Polly. Polly is now being audited by the Internal Revenue Service. The IRS has asked Attorney Alice for details of the settlement, including the amount claimed for each item of damage and the amounts paid for the items. Attorney Alice reported the request to Polly, who told Alice not to provide the information to the IRS. Is it proper for Attorney Alice to furnish the information to the IRS?
A. Yes, if the information does not involve Attorney Alice’s work product.
B. Yes, because Attorney Alice no longer represents Polly.
C. No, because Polly told Attorney Alice not to provide the information.
D. No, unless Attorney Alice believes the disclosure would be beneficial to Polly.
Answer:C
Attorney Alice represented Polly in a claim involving a breach of Polly’s employment contract. The case was settled without suit being filed. The proceeds of the settlement were paid directly to Polly, who subsequently paid Alice in full for Alice’s fees and expenses. Thereafter, Alice did no other work for Polly. Polly is now being audited by the Internal Revenue Service. The IRS has asked Attorney Alice for details of the settlement, including the amount claimed for each item of damage and the amounts paid for the items. Attorney Alice reported the request to Polly, who told Alice not to provide the information to the IRS. Is it proper for Attorney Alice to furnish the information to the IRS?
A. Yes, if the information does not involve Attorney Alice’s work product. B. Yes, because Attorney Alice no longer represents Polly. C. No, because Polly told Attorney Alice not to provide the information. D. No, unless Attorney Alice believes the disclosure would be beneficial to Polly.
Explanation: This question addresses confidentiality and former clients. Lawyers owe a duty of confidentiality to former clients. Rule 1.9(c)(2). So, “B” is just wrong. The question then is whether Attorney Alice may disclose under one of the confidentiality exceptions. “A” and “D” do not accurately state an exception to confidentiality. Accordingly, “C” is the correct answer – the client refuses to give consent to the disclosure, so mum’s the word!