Written by attorneys · grounded in primary & secondary sources — see below
A rule of professional conduct requiring a lawyer to maintain the confidentiality of all information relating to the representation of a client unless the client gives informed consent or a specific exception permits disclosure.
Sources & Authorities· 9 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Model Codes
Course Outlines
How it applies
Common Examples
5
Fee Arrangement Ethics Consultation
Amy represented Ash Construct in a public works dispute under a contingent fee arrangement. Concerned that the arrangement might violate fee-sharing rules, Amy forwarded the signed engagement letter and a detailed project dispute timeline to Nicholas, a bar association ethics consultant. The materials contained extensive information relating to the representation of Ash Construct. Amy reasonably believed the disclosure was necessary to obtain advice on compliance with the rules.
Misappropriation Reporting Dilemma
A lawyer learned from a client that another attorney had misappropriated client funds. The client asked that no report be made and entered a private restitution agreement. The lawyer knew the misconduct raised a substantial question about the other attorney's honesty. The client's desire to keep the matter quiet did not override the reporting duty because the information was not protected under Rule 1.6.
Organic Certification Fraud Inquiry
Johnny represented Field Land in a dispute with a food processor. Field Land's president had instructed sales agents to label grain treated with a banned pesticide as organic. Darlene, the processor's representative, asked Johnny to verify the accuracy of the certifications. Johnny knew the certifications were false and that confirming them would assist the client's fraud. Disclosure of the material fact to Darlene became necessary to avoid assisting the fraudulent act.
Colleague Misconduct Admission
Nelson spoke with Nina at an industry conference. Nina described directing a technician to alter subpoenaed call data records in a pending rate case. Nina framed the matter as private and changed the subject when another person approached. Nelson had no independent verification of the alteration. The information Nina shared was not protected by Rule 1.6, so the reporting obligation under Rule 8.3 was not excused.
Third-Party Evaluation Request
A lawyer was asked to provide an evaluation of a client's matter for use by a third party. The lawyer reasonably believed the evaluation was compatible with the client relationship. The client gave informed consent after understanding the risks. Information relating to the evaluation remained protected by Rule 1.6 except to the extent disclosure was authorized in connection with the report.
Common questions
Frequently Asked
5
What constitutes informed consent for disclosure under Rule 1.6(a)?+
Informed consent requires that the client understand the specific information to be disclosed and the material risks involved. A general desire to report misconduct does not authorize revealing the client's identity and full account to an investigator. The rule protects client autonomy by requiring clear agreement to each disclosure.
Supporting sources
Does Rule 1.6(b)(4) permit disclosure to an outside ethics consultant without client consent?+
Yes. Rule 1.6(b)(4) permits a lawyer to disclose information relating to the representation to secure legal advice about the lawyer's compliance with the Rules. The rule contains no requirement that the disclosure be limited to lawyers within the same firm or that client consent be obtained when the disclosure is reasonably necessary for the ethics consultation.
How does Rule 4.1(b) interact with Rule 1.6 confidentiality?+
Rule 4.1(b) requires disclosure of a material fact only when necessary to avoid assisting client fraud and only if disclosure is not prohibited by Rule 1.6. The confidentiality duty therefore controls. A lawyer may not disclose under 4.1(b) if Rule 1.6 forbids it.
Supporting sources
Does Rule 8.3(c) excuse reporting when the information comes from a client representation?+
Yes. Rule 8.3(c) expressly provides that the reporting rule does not require disclosure of information otherwise protected by Rule 1.6. The confidentiality exception is controlling and eliminates any duty under Rule 8.3(a) when the knowledge arose exclusively from the client representation and the client has not consented to disclosure.
Supporting sources
Does Rule 1.6 protect information learned while acting as a research scientist rather than as counsel?+
No. Rule 1.6 protects only information relating to the representation of a client. When the facts involve internal corporate data in a non-lawyer role and no attorney-client confidences are involved, the Rule 1.6 exception does not apply to a bar admissions inquiry.
Supporting sources
Professional ResponsibilityRegulation of the legal profession · Mandatory and permissive reporting of professional misconductMPREFoundational