Imagine this scenario: An agent of the FBI or another governmental agency comes to an attorney’s office, either by appointment or unannounced. The agent asks questions about one of the attorney’s clients who is not subject to a formal governmental investigation. The agent asks about the client’s business, relationships or dealings. Or perhaps the agent asks to see the client’s financial documents or even client files.
Attorneys may feel the tension of dueling interests. On one hand, the attorney may wish to be candid or even helpful to the agent, particularly if the attorney believes that consultation may help the client by clearing up misunderstandings. On the other hand, the attorney generally has a duty to guard the confidences and secrets of a client, particularly where revealing that information would cause the client to face criminal liability or a government investigation.
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