Which statement about confidentiality and former clients is correct?

• A. Lawyers must never act against former clients
• B. Former clients lose confidentiality after termination
• C. Lawyers should avoid assuming confidentiality obligations inconsistent with the duty to their clients
• D. Confidentiality applies only during the engagement

Answer: (C)

Confidentiality continues after a matter ends, protecting information about the representation. But that duty isn’t an absolute lock that prevents every action or that overrides every other obligation. The best choice recognizes the need to balance confidentiality with duties to current and future clients. Lawyers should not assume there is an unyielding confidentiality obligation that would prevent taking on new work or acting in the best interests of other clients; instead, they interpret confidences in light of those duties and rely on consent or permissible exceptions when disclosure is appropriate. The other statements overstate or misstate the rule: confidentiality doesn’t end at termination, it isn’t limited to the engagement period, and lawyers aren’t barred from acting against a former client in all circumstances.