An attorney was recently admitted to practice and was hired as a new associate of a large firm. The attorney was working late one night when he received a telephone call from his cousin. The cousin said that he was calling from the police station because he had just been arrested for possession of cocaine with intent to distribute. Was the attorney's conduct proper?

An attorney was recently admitted to practice and was hired as a new associate of a large firm. The attorney was working late one night when he received a telephone call from his cousin. The cousin said that he was calling from the police station because he had just been arrested for possession of cocaine with intent to distribute. Was the attorney's conduct proper?

• A. Yes, because neither referral to another lawyer nor consultation with another lawyer was practical under the circumstances.
• B. Yes, because the cousin's arrest did not require immediate legal advice.
• C. No, because the attorney should have contacted authorities.
• D. No, because discussing a cousin's arrest breaches confidentiality.

Answer: (A)

The key idea here is how a lawyer handles urgent, non-client communications and confidentiality. A relative who calls from a police station asking for immediate legal help does not automatically create an attorney‑client relationship. In a time‑crunch situation, with no practical way to consult or refer the cousin to another attorney at that moment, it is appropriate for the new associate to provide limited, general guidance on how to proceed and what rights to be aware of. This does not amount to forming a formal representation, and confidentiality obligations tied to representing a client do not apply to a non-client. It’s reasonable to encourage the cousin to obtain separate counsel and to avoid giving tailored, ongoing representation. There’s no duty to contact authorities in this context, and discussing the cousin’s arrest does not breach confidentiality because there is no client‑attorney relationship created by the casual phone call.

The key idea here is how a lawyer handles urgent, non-client communications and confidentiality. A relative who calls from a police station asking for immediate legal help does not automatically create an attorney‑client relationship. In a time‑crunch situation, with no practical way to consult or refer the cousin to another attorney at that moment, it is appropriate for the new associate to provide limited, general guidance on how to proceed and what rights to be aware of. This does not amount to forming a formal representation, and confidentiality obligations tied to representing a client do not apply to a non-client. It’s reasonable to encourage the cousin to obtain separate counsel and to avoid giving tailored, ongoing representation. There’s no duty to contact authorities in this context, and discussing the cousin’s arrest does not breach confidentiality because there is no client‑attorney relationship created by the casual phone call.