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Question 3 of 12Correct

A lawyer represents a client facing serious criminal charges. During a confidential meeting at the firm's office, the client becomes extremely agitated and tells the lawyer: "If the Crown's key witness testifies against me next Tuesday, I will make sure he never speaks again—my brother already has his home address and a loaded firearm." The client also admits that he previously transferred $50,000 of stolen funds into an offshore bank account. Under the Law Society of Ontario Rules of Professional Conduct, which of the following actions is the lawyer ethically permitted to take without client consent?

A · Disclose both the threat to the witness and the offshore account location to the Crown Attorney immediately to uphold the administration of justice.

B · Disclose only the confidential information necessary to prevent the imminent risk of death or serious bodily harm to the appropriate authorities.

C · Immediately withdraw from representation on the record, but remain strictly prohibited from contacting law enforcement or warning the witness.

D · Disclose the threat to law enforcement only after obtaining prior written authorization from the Law Society of Ontario's Practice Management department.

💡 Key Takeaway: Rule 3.3-3 (Public Safety Exception / Smith v. Jones threshold): A lawyer may disclose confidential information without consent only when the lawyer believes on reasonable grounds that there is an imminent risk of death or serious bodily harm, and that disclosure is necessary to prevent it. Proportionality & Limits: The disclosure must be strictly limited to the information necessary to prevent the harm. Past crimes (such as the offshore stolen funds) remain protected by confidentiality and cannot be disclosed under this exception. Prior approval from the LSO is not required when preventing imminent harm.

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