Also known as: Rule 1.6 · 1.6 Confidentiality of Information · Rule 1.6 Confidentiality · Model Rule 1.6 · ABA Rule 1.6 · confidentiality rule
Written by attorneys · grounded in primary & secondary sources — see below
A professional conduct rule that prohibits a lawyer from revealing information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or another enumerated exception applies.
Ronald Reed, a lawyer representing a corporate client, receives a request from the client's insurer for detailed billing narratives that would reveal strategic decisions made during pending litigation. Reed refuses to provide the narratives. The insurer's payment obligation does not override the protection afforded to information relating to the representation.
Roland Rhodes learns from his client that another lawyer misappropriated settlement funds. The client urges Rhodes not to report the misconduct because a private restitution agreement has been reached. Rhodes determines that the information is not protected under confidentiality rules and therefore reports the violation to disciplinary authorities.
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Roberto Reyes represents a client who is negotiating the sale of a business. Reyes learns that the client intends to conceal material defects in the company's financial records. Because disclosure would be prohibited by confidentiality protections, Reyes declines to reveal the facts to the buyer even though nondisclosure would assist a fraudulent act.
Riley Rivera discovers through client files that another lawyer routinely forges signatures on engagement letters. Because the information was acquired solely during the representation of the client firm, Rivera concludes that confidentiality protections prevent any report to disciplinary authorities.
Renee Rogers prepares an evaluation of a client's regulatory compliance for use by a potential lender. After delivering the report, Rogers receives a subpoena seeking the underlying client communications used to prepare it. Rogers refuses production on the ground that the information remains protected.
Rule 8.3(c) expressly states that the reporting obligation does not require disclosure of information otherwise protected by Rule 1.6. A lawyer who acquires knowledge of misconduct solely through client files or communications during a representation may not report if doing so would reveal protected information and the client has not consented.
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Rule 1.6 protects information relating to the representation. When the information about another lawyer's misconduct is itself confidential under Rule 1.6, the reporting duty under Rule 8.3 does not apply even if the client requests silence and a private restitution agreement exists.
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Rule 8.1(b) excuses a failure to respond only when the information is protected by Rule 1.6. Information about the applicant's own conduct or internal corporate matters unrelated to any client representation does not qualify for the exception.
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Rule 2.3(c) provides that information relating to an evaluation is protected by Rule 1.6 except to the extent disclosure is authorized in connection with a report of the evaluation. The underlying client communications therefore remain confidential after the evaluation is delivered.
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…American Bar Association, however, rejected the Kutak Commission's recommendation. As adopted by the American Bar Association, Model Rule 1.6(b) permits a lawyer to reveal confidential information only "to the extent the lawyer reasonably believes necessary to prevent the client from committing a criminal act that the lawyer…