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Case 1:20-cr-00330-PAE Document 731-1 Filed 07/14/22 Page 13 of 14 the potential victim or relevant law-enforcement authorities. What particular measures are reasonable* depends on the circumstances known* to the lawyer. Relevant circumstances include the time available, whether the victim might be unaware of the threat, the lawyer’s prior course of dealings with the client, and the extent of the adverse effect on the client that may result from the disclosure contemplated by the lawyer. Informing client pursuant to paragraph (c)(2) of lawyer’s ability or decision to reveal information protected by Business and Professions Code section 6068, subdivision (e)(1) [9] A lawyer is required to keep a client reasonably” informed about significant developments regarding the representation. (See rule 1.4; Bus. & Prof. Code, § 6068, subd. (m).) Paragraph (c)(2), however, recognizes that under certain circumstances, informing a client of the lawyer’s ability or decision to reveal information protected by section 6068, subdivision (e)(1) as permitted in paragraph (b) would likely increase the risk of death or substantial* bodily harm, not only to the originally-intended victims of the criminal act, but also to the client or members of the client’s family, or to the lawyer or the lawyer's family or associates. Therefore, paragraph (c)(2) requires a lawyer to inform the client of the lawyer’s ability or decision to reveal information protected by section 6068, subdivision (e)(1) as permitted in paragraph (b) only if it is reasonable* to do so under the circumstances. Paragraph (c)(2) further recognizes that the appropriate time for the lawyer to inform the client may vary depending upon the circumstances. (See Comment [10] of this rule.) Among the factors to be considered in determining an appropriate time, if any, to inform a client are: (1) — whether the client is an experienced user of legal services; (2) the frequency of the lawyer’s contact with the client; (3) the nature and length of the professional relationship with the client; (4) whether the lawyer and client have discussed the lawyer’s duty of confidentiality or any exceptions to that duty; (5) the likelihood that the client’s matter will involve information within paragraph (b); (6) the lawyer’s belief,” if applicable, that so informing the client is likely to increase the likelihood that a criminal act likely to result in the death of, or substantial* bodily harm to, an individual; and (7) — the lawyer's belief,* if applicable, that good faith efforts to persuade a client not to act on a threat have failed. Avoiding a chilling effect on the lawyer-client relationship [10] The foregoing flexible approach to the lawyer’s informing a client of his or her ability or decision to reveal information protected by Business and Professions Code DOJ-OGR-00011419