Also known as: MR 1.6 · Rule 1.6 · ABA Model Rule 1.6 · confidentiality rule
Written by attorneys · grounded in primary & secondary sources — see below
A rule of professional conduct that requires a lawyer to maintain the confidentiality of all information relating to the representation of a client. The protection applies unless the client gives informed consent or a recognized exception permits disclosure.
Mirage Hotels retained Megan Moore to defend a contract claim. A third-party insurer offered to pay Moore's fees on condition that she share billing details with the insurer. Moore refused the condition because the billing information related to the representation and therefore remained protected.
Madison Meyers learned from her client that another lawyer had misappropriated client funds. The client asked Meyers not to report the misconduct. Meyers concluded that the information was not protected under Rule 1.6 and therefore reported the violation to disciplinary authorities.
Select any source to read its text and confirm it supports the definition.
Marcus Mitchell represented Matrix Technologies in a sale. He discovered that the client planned to conceal a known defect from the buyer. Mitchell could not disclose the defect because the information remained protected by Rule 1.6.
Maria Morales learned that another lawyer had committed serious dishonesty. The information had come directly from the lawyer's client during a confidential consultation. Morales declined to report because the information was protected by Rule 1.6.
Monica Morgan prepared an evaluation of a client's business for a lender. The evaluation contained details learned during the representation. Morgan refused the lender's request for additional underlying information because that information remained protected by Rule 1.6.
Yes. The rule protects all information relating to the representation regardless of its source. This broad coverage ensures that lawyers can obtain and use whatever facts are needed without fear that disclosure will later be required.
Supporting sources
Rule 1.6 prevents reporting when the information about the misconduct is itself protected client information. In that situation Rule 8.3(c) expressly states that the reporting duty does not apply.
Supporting sources
No. Rule 4.1(b) prohibits a lawyer from failing to disclose a material fact when disclosure is necessary to avoid assisting a client's criminal or fraudulent act, but only if disclosure is not prohibited by Rule 1.6. When Rule 1.6 bars disclosure the lawyer must remain silent.
Supporting sources
Yes. Rule 2.3(c) states that information relating to an evaluation is otherwise protected by Rule 1.6 except to the extent disclosure is authorized in connection with the report of the evaluation itself.
Supporting sources
…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…