ER 1.6 Confidentiality of Information
The Standard
A lawyer may not reveal information relating to the representation of a client, and a lawyer must make reasonable efforts to prevent inadvertent or unauthorized disclosure or access to client information.
The Limitation
A lawyer may disclose client information only if: (1) the client gives informed consent; (2) the disclosure is impliedly authorized to carry out the representation; (3) the disclosure is permitted or required by an express provision of ER 1.6; or (4) as required by an ER 3.3 duty to take remedial measures.
FAQs
I just learned that my office accidentally sent client information to opposing counsel. What should I do?
I believe I have cause to report my client’s former lawyer for ethical misconduct, but my client does not want me to. May I report?
My client just told me he intends to kill the opposing party. Do I have a duty to report this?
I received a subpoena for information regarding a former client. Now what?
I mostly telework from home. What confidentiality issues should I be concerned with?
May I put a high-profile case on my website? This information is publicly available.
I'm applying to be a Superior Court Commissioner. The application requires me to provide information about cases I've handled. I can do that related to court employment, right? Most of what I'll list is public record anyway.
My client has terminated my representation. What may I disclose to successor counsel as I transition the client and her file?
If the details of my former client’s case are now public record, am I free to discuss them?
Do I owe an ongoing duty of confidentiality to former and prospective clients too?
May I reveal case information I obtained from sources other than the client?
I’ve determined I must disclose information despite my client’s objection. How do I do that?
In a motion to withdraw, may I explain to the court why I’m terminating representation?
This page is managed by Patricia Seguin
Best Practices
- ER 1.1 Competence
- ER 1.2 Scope of Representation
- ER 1.3 Diligence
- ER 1.4 Communication
- ER 1.5 Fees
- ER 1.6 Confidentiality of Information
- ERs 1.7 & 1.10 Conflicts of Interest and Screening Tips
- ER 1.8 Conflict of Interest: Current Clients: Specific Rules
- ER 1.9 Duties to Former Clients
- ER 1.11 Special Conflicts of Interest for Former and Current Government Officers and Employees
- ER 1.13 Organization as Client
- ER 1.14 Client with Diminished Capacity
- ER 1.15 Safekeeping Property
- ER 1.16 Declining or Terminating Representation
- ER 2.4 Lawyer Serving as Third-Party Neutral
- ER 3.1 Meritorious Claims and Contentions
- ER 5.1 Responsibilities of Lawyers Who Have Ownership Interests or are Managers or Supervisors; ER 5.2 Responsibilities of a Subordinate Lawyer; and ER 5.3 Responsibilities Regarding Nonlawyers
- ER 7.1 Communications Concerning a Lawyer's Services and ER 7.3 Solicitation of New Clients
- ER 8.3 Reporting Professional Misconduct
Advertisement
Advertisement