Also known as: Model Rule 1.6 · Rule 1.6 · MRPC 1.6 · ABA Rule 1.6
Written by attorneys · grounded in primary & secondary sources — see below
A rule of professional conduct that requires a lawyer to keep confidential all information relating to the representation of a client. The duty applies unless the client gives informed consent or a recognized exception permits disclosure.
Alfred Ashford paid for legal services provided to his nephew Antonio Alvarado in a contract dispute. When Alfred later demanded the entire case file to review billing, the lawyer refused. The lawyer explained that all information relating to the representation remained protected even though Alfred had funded the matter.
Adam Anderson learned from his client that a prior lawyer had misappropriated settlement funds. The client asked Adam not to report the theft because a private restitution agreement had been reached. Adam concluded that the information was not protected under confidentiality rules and therefore reported the misconduct to disciplinary authorities.
Select any source to read its text and confirm it supports the definition.
Arthur Abrams represented Aurora Biotech in negotiations to sell a product line. He discovered that the company had falsified safety data in the offering materials. Because disclosure would violate confidentiality, Arthur declined to correct the materials when the buyer asked for verification.
Aaron Adams discovered emails showing that a partner at his client firm had forged client signatures on engagement letters to justify higher fees. Aaron realized that reporting the conduct would require revealing information obtained during the representation. He therefore decided against reporting the partner to the disciplinary authority.
Alexandra Armstrong prepared a legal evaluation of Astra Aerospace's compliance program for use by a prospective lender. After delivering the evaluation she received a subpoena seeking all notes and communications underlying the report. She refused production on the ground that the materials remained protected.
A lawyer may reveal information relating to the representation to the extent reasonably necessary to comply with other law or a binding governmental order. The lawyer need not obtain client consent when the exception applies and must limit disclosure to what is reasonably required.
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No. Informed consent requires that the client understand the specific information to be disclosed and the risks involved. A vague statement that the client wants the right people to know does not constitute informed consent for detailed disclosure to an investigator.
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Yes. The rule permits disclosure when the lawyer reasonably believes it is necessary to secure legal advice about compliance with the professional rules. The disclosure may be made to any lawyer and need not be limited to the lawyer's own firm.
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Reporting is excused when disclosure would reveal information protected by the confidentiality rule. The reporting duty does not apply if the knowledge of misconduct was acquired solely during a client representation and no exception or client consent permits disclosure.
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