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What exception to the confidentiality rule does Attorney Nelson use to defend himself in Mrs. Smith's legal malpractice action?

  1. A breach of the rule of client confidentiality

  2. The client consenting to disclosure of confidential information

  3. A breach of the attorney's duty of loyalty to his former client

  4. Using confidential client information to defend against a client's malpractice action

The correct answer is: Using confidential client information to defend against a client's malpractice action

Attorney Nelson cannot disclose any confidential information without the client's consent, which would violate the confidentiality rule and his duty of loyalty to his former client. However, in this situation, he can use confidential information to defend himself in Mrs. Smith's malpractice action because she has already made the information relevant by bringing the action against him. Therefore, option D is the correct exception to the confidentiality rule in this scenario.