What is the rule regarding disclosure for crime prevention under the ABA?

The rule regarding disclosure for crime prevention under the ABA is that disclosure must aim to prevent or mitigate a crime or fraud. This principle is rooted in the ethical responsibilities of attorneys, which balance the duty to maintain client confidentiality with the necessity to prevent serious harm or substantial financial loss.

When a lawyer has information that indicates a client intends to commit a crime or fraud that could result in significant harm, the lawyer is allowed—and in some cases required—to disclose this information to the relevant authorities or parties. The key aspect of this rule is that the disclosure should have the specific purpose of preventing or mitigating the crime or fraud.

This ethical framework recognizes the seriousness of client confidentiality but also emphasizes the greater duty to prevent harm to others. The other options do not align with the ABA's established guidelines regarding when a lawyer may disclose confidential information for the purpose of preventing criminal acts or fraud. Confidentiality must be upheld in most situations, but exceptions exist to uphold the law and protect potential victims.