QUESTION
John was arrested for DUI and hires you to represent him. Since John is unemployed, his father, a long-time business client of your firm, agrees to pay your fee. A few days after your first meeting with John, his father calls you and asks questions about John’s defense and the anticipated outcome of the case. You should:
A. Discuss the case with the father.
B. Discuss the case with the father “off the record”.
C. Discuss the case with the father on the condition that he share the information with his son.
D. Decline to discuss the case with the father because he is not the client and information related to the case is confidential.
ANSWER D
Information relating to the representation of a client is confidential and may be revealed only in limited circumstances. Nebraska Court Rule of Professional Conduct §3-501.6.
Prepared by the Counsel for Discipline of the Nebraska Supreme Court. If you have a question about your ethical responsibilities, contact the Office of the Counsel for Discipline at 402-471-1040 or 877-504-0967.