Client Confidentiality
This chapter covers the broad duty of confidentiality under Model Rule 1.6 and how it differs from the attorney-client evidentiary privilege, along with the limited exceptions that permit or require disclosure.
The Duty of Confidentiality
Under Model Rule 1.6, a lawyer must not reveal information relating to the representation of a client unless the client gives informed consent, disclosure is impliedly authorized to carry out the representation, or an exception applies. This duty is broader than the attorney-client privilege: it covers all information relating to the representation, whatever its source, not just confidential communications sought as evidence, and it continues after the representation ends and after the client's death.
Exceptions to Confidentiality
Model Rule 1.6(b) permits a lawyer to reveal information to the extent reasonably necessary to prevent reasonably certain death or substantial bodily harm; to prevent or mitigate certain client crimes or frauds that use the lawyer's services and cause substantial financial harm; to secure legal advice about compliance with the rules; to establish a claim or defense in a dispute with the client; or to comply with law or a court order. A lawyer must also make reasonable efforts to safeguard client information against unauthorized disclosure.