Under Rule 108 confidentiality, which of the following is NOT a permitted disclosure?

• A. The information is later obtained from a person not bound by confidentiality and who does not provide confidentially.
• B. The person has consented to disclosure.
• C. The information is disclosed in a confidential setting for the sole purpose of obtaining legal advice.
• D. Disclosing to the media to seek assistance.

Answer: (D)

Confidentiality is about protecting information you obtain in the course of giving advice, with only narrow, listed exceptions that allow disclosure. The allowed disclosures include: sharing information with a person who is not bound by confidentiality and who does not promise confidentiality (in that case, the information is no longer confidential); obtaining consent from the client to disclose; and disclosing information in a confidential setting solely for the purpose of obtaining legal advice. Disclosing to the media to seek assistance does not fit any of those exceptions; it would publicly reveal confidential information without having the client’s consent or a legitimate purpose tied to obtaining or giving legal advice. Therefore, this option is not a permitted disclosure.