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    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