Rule 1.6: Confidentiality of Information Flashcards
What does Rule 1.6 state about confidentiality?
Establishes a lawyer’s duty to maintain the confidentiality of client information, along with exceptions where disclosure is permitted
Under Rule 1.6(a), A lawyer MUST NOT reveal any information related to the representation of a client unless: (2)
- The client gives informed consent
- The disclosure is impliedly authorized to carry out the authorization
Does Rule 1.6 still apply even after the lawyer-client relationship ends?
YES: the duty of confidentiality extends beyond privileged communications to ALL information relating to the case, whether or not it came from the client
Under Rule 1.6(b): When MAY a lawyer reveal information of client when necessary? (7)
(b)(1): Tp prevent reasonably certain death or substantial bodily harm
(b)(2): To prevent a client from committing a crime or fraud
(b)(3): To prevent, mitigate or rectify substantial financial harm
(b)(4): To seek legal advice about the lawyer’s own compliance
(b)(5): To defendant against legal claims (ex: fee dispute, criminal charge, responding to allegations)
(b)(6): To comply with a law or court order
(b)(7): To detect and resolve conflicts of interest
Under Rule 1.6(c): What does it state about the duty to protect confidential information
A lawyer must take reasonable steps to prevent unauthorized disclosure of, or unauthorized access to, information relating to representation
