DOJ-OGR-00011417.jpg

Case 1:20-cr-00330-PAE Document 731-1 Filed 07/14/22 Page11of 14 likely to result in death or substantial* bodily harm to an individual. A lawyer who reveals information protected by Business and Professions Code section 6068, subdivision (e€)(1) as permitted under this rule is not subject to discipline. No duty to reveal information protected by Business and Professions Code section 6068, subdivision (e)(1) [5] Neither Business and Professions Code section 6068, subdivision (e)(2) nor paragraph (b) imposes an affirmative obligation on a lawyer to reveal information protected by Business and Professions Code section 6068, subdivision (e)(1) in order to prevent harm. A lawyer may decide not to reveal such information. Whether a lawyer chooses to reveal information protected by section 6068, subdivision (e)(1) as permitted under this rule is a matter for the individual lawyer to decide, based on all the facts and circumstances, such as those discussed in Comment [6] of this rule. Whether to reveal information protected by Business and Professions Code section 6068, subdivision (e) as permitted under paragraph (b) [6] Disclosure permitted under paragraph (b) is ordinarily a last resort, when no other available action is reasonably” likely to prevent the criminal act. Prior to revealing information protected by Business and Professions Code section 6068, subdivision (e)(1) as permitted by paragraph (b), the lawyer must, if reasonable* under the circumstances, make a good faith effort to persuade the client to take steps to avoid the criminal act or threatened harm. Among the factors to be considered in determining whether to disclose information protected by section 6068, subdivision (e)(1) are the following: (1) the amount of time that the lawyer has to make a decision about disclosure; (2) | whether the client or a third-party has made similar threats before and whether they have ever acted or attempted to act upon them; (3) whether the lawyer believes* the lawyer's efforts to persuade the client or a third person* not to engage in the criminal conduct have or have not been successful; (4) the extent of adverse effect to the client’s rights under the Fifth, Sixth and Fourteenth Amendments of the United States Constitution and analogous rights and privacy rights under Article | of the Constitution of the State of California that may result from disclosure contemplated by the lawyer; (5) the extent of other adverse effects to the client that may result from disclosure contemplated by the lawyer; and (6) the nature and extent of information that must be disclosed to prevent the criminal act or threatened harm. DOJ-OGR-00011417