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CS Professional · Drafting, Pleadings and Appearances · Art of Opinion Writing

A company secretary has given an opinion to Client A on the enforceability of a non-compete clause. Client B, a competitor of A, now asks the same professional for an opinion on a related matter in which A's confidential information would be useful. What is the correct position?

The professional must keep Client A's information confidential even after the opinion is delivered, and must decline or properly manage the conflict rather than use it for Client B. Payment of a higher fee or a promise of secrecy by B does not release the duty to A.

  1. AThe professional may use A's information because the opinion to A is already complete
  2. BThe professional may use A's information if B pays a higher fee
  3. CThe professional must preserve A's confidentiality and, if a conflict of interest arises, decline or manage it properly without disclosing A's informationCorrect
  4. DThe professional may disclose A's information provided B promises to keep it secret

Explanation

Confidentiality continues after the engagement ends. Using A's information for B is a breach, and a conflict of interest must be avoided or addressed. A higher fee or B's promise does not remove the duty owed to A.

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