What is a lawyer's obligation regarding confidential information from former clients?

A lawyer's obligation regarding confidential information from former clients is rooted in the duty of confidentiality, which is a fundamental principle in the legal profession. This obligation extends beyond the duration of the attorney-client relationship, meaning that even after the professional engagement has ended, the attorney must not disclose any confidential information obtained during the representation.

The correct answer emphasizes that a lawyer must avoid disclosing the information unless there is explicit consent from the former client. This requirement exists to protect the client’s privacy and trust, ensuring that sensitive information remains confidential unless a client decides to waive this confidentiality. The duty is not merely a recommendation but is mandated by ethical rules and guidelines governing attorney conduct.

In contrast, using the information in court, disclosing it upon a new client's request, or destroying all records of the information would violate the lawyer's ethical obligations. Using former clients' information in court poses the risk of undermining the trust in the legal profession. Disclosing it at the request of a new client contradicts the confidentiality owed to the former client. On the other hand, while destroying records might seem to protect confidentiality, it could prevent the lawyer from fulfilling their obligations in future cases, especially if that information is needed for legal reasons or obligations. Thus, maintaining confidentiality through