Under professional rules, if H asks L to disclose H's information to W, what must L do?

• A. Withdraw from representation and disclose the substance to W only if both consent to waive rules
• B. Continue representing both
• C. Withdraw and refuse to disclose
• D. Seek a court order

Answer: (A)

The key idea here is confidentiality and when it can be waived. Information about a client and the matter is protected, and a lawyer may disclose it to a third person only if the client gives informed consent to waive that protection. So, if H asks L to reveal H’s information to W, L must first try to obtain H’s informed consent to waive the confidentiality. If H refuses or does not provide a valid waiver, L cannot disclose the information. In that situation, the proper course is to withdraw from representing H rather than disclose without consent. If H does consent to waive, then L may disclose the substance to W. That’s why the option describing withdrawal unless there is a mutual consent to waive (i.e., the client’s consent to disclose) is the correct one.