Also known as: Model Rule 1.6 · Rule 1.6 · ABA MR 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. Disclosure is permitted or required only when another rule or law expressly authorizes or mandates it.
Miles Montgomery hired Marco Marquez to defend him in a contract dispute. Momentum Capital agreed to pay Marco's fees under a written arrangement. When the opposing party sought discovery of billing details, Marco refused to disclose any information about the representation. The court upheld the refusal because the information remained protected under the confidentiality rule even though a third party paid the fees.
Mason McCarthy learned from his client Ming Ma that another lawyer had misappropriated client funds. Ming asked Mason not to report the misconduct. Mason reported the violation anyway because the information did not qualify as confidential client information under the confidentiality rule.
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Michelle Murphy represented Meridian Motors in a regulatory filing. She discovered that the client had submitted false data to a government agency. Michelle declined to correct the filing with the agency because disclosure would have violated the confidentiality rule.
Musa Mensah discovered through client documents that a partner at another firm had forged engagement letters. Musa declined to report the partner to the disciplinary authority because the information had been obtained during representation of his own client and remained protected by the confidentiality rule.
Majestic Construction asked its lawyer to prepare an evaluation of a pending claim for use by a lender. The lawyer completed the evaluation but refused the lender's later request for additional details about the client's litigation strategy. The refusal was proper because any further information remained protected by the confidentiality rule.
The confidentiality rule blocks any reporting obligation when the information about the misconduct was obtained during the representation of a client. A lawyer may not disclose such information to disciplinary authorities unless the client gives informed consent or another exception applies.
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Yes. Information relating to the representation of an organizational client is protected by the confidentiality rule. A lawyer may reveal such information only to the extent necessary to prevent substantial injury to the organization under limited circumstances.
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The confidentiality rule creates an exception to the duty to respond to admissions authorities. An applicant need not disclose information protected by the confidentiality rule, but the exception applies only when the information actually relates to a client representation.
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The confidentiality rule permits disclosure only when another rule or law expressly allows it. Some jurisdictions have amended the rule to require disclosure to prevent death or substantial bodily harm, but the standard Model Rule version leaves disclosure permissive in those situations.
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