54 NORTH CAROLINA
Standard 3.3. Confidentiality.
(a) Establishment of confidential relationship. Counsel should seek from the outset to establish a
relationship of trust and confidence with the client. The lawyer should explain that full
disclosure to counsel of all facts known to the client is necessary for effective representa-tion,
and at the same time explain that the lawyer’s obligation of confidentiality makes
privileged the client’s disclosures relating to the case.
(b) Preservation of client’s confidences and secrets.
(i) Except as permitted by 3.3(d), below, an attorney should not knowingly reveal a con-fidence
or secret of a client to another, including the parent of a juvenile client.
(ii) Except as permitted by 3.3(d), below, an attorney should not knowingly use a confi-dence
or secret of a client to the disadvantage of the client or, unless the attorney has
secured the consent of the client after full disclosure, for the attorney’s own advantage
or that of a third person.
(c) Preservation of secrets of a juvenile client’s parent or guardian. The attorney should not reveal
information gained from or concerning the parent or guardian of a juvenile client in the
course of representation with respect to a delinquency or in need of supervision proceed-ing
against the client, where (1) the parent or guardian has requested the information be
held inviolate, or (2) disclosure of the information would likely be embarrassing or detri-mental
to the parent or guardian and (3) preservation would not conflict with the attor-ney’s
primary responsibility to the interests of the client.
(i) The attorney should not encourage secret communications when it is apparent that
the parent or guardian believes those communications to be confidential or privileged
and disclosure may become necessary to full and effective representation of the client.
(ii) Except as permitted by 3.3(d), below, an attorney should not knowingly reveal the
parent’s secret communication to others or use a secret communication to the parent’s
disadvantage or to the advantage of the attorney or of a third person, unless (1) the
parent competently consents to such revelation or use after full disclosure or (2) such
disclosure or use is necessary to the discharge of the attorney’s primary responsibility
to the client.
(d) Disclosure of confidential communications. In addition to circumstances specifically men-tioned
above, a lawyer may reveal:
(i) Confidences or secrets with the informed and competent consent of the client or
clients affected, but only after full disclosure of all relevant circumstances to them. If
the client is a juvenile incapable of considered judgment with respect to disclosure of
a secret or confidence, a lawyer may reveal such communications if such disclosure (1)
will not disadvantage the juvenile and (2) will further rendition of counseling, advice
or other service to the client.
(ii) Confidences or secrets when permitted under disciplinary rules of the ABA Code of
Professional Responsibility or as required by law or court order.
(iii) The intention of a client to commit a crime or an act which if done by an adult would
constitute a crime, or acts that constitute neglect or abuse of a child, together with any
information necessary to prevent such conduct. Alawyer must reveal such intention if
the conduct would seriously endanger the life or safety of any person or corrupt the
processes of the courts and the lawyer believes disclosure is necessary to prevent the
harm. If feasible, the lawyer should first inform the client of the duty to make such
revelation and seek to persuade the client to abandon the plan.
(iv) Confidences or secrets material to an action to collect a fee or to defend himself or her-self
or any employees or associates against an accusation of wrongful conduct.
Standard 3.4. Advice and Service with Respect to Anticipated Unlawful Conduct. It is unpro-fessional
conduct for a lawyer to assist a client to engage in conduct the lawyer believes to be ille-