Also known as: Rules 1.6 · ABA Rule 1.6 · confidentiality rule
Written by attorneys · grounded in primary & secondary sources — see below
A rule of professional conduct that prohibits a lawyer from revealing information relating to the representation of a client unless the client consents after consultation or an exception applies.
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Rosa Ruiz leaves her former firm after handling a contract dispute for Radiant Technologies. Rebecca Ross remains at the firm and possesses confidential details about the client's settlement strategy that are material to a new adverse representation. The firm may not proceed because Ross holds information protected by Rule 1.6.
Ronald Reed learns from his client Rina Rahman that another lawyer misappropriated funds. Rahman asks Reed not to report the misconduct. Reed must still report because the information is not protected under Rule 1.6.
Rhea Reynolds agrees that a third party will pay her fees for representing Raven Logistics. Reynolds must still protect all information relating to the representation as required by Rule 1.6 even though the payer seeks updates.
Ravi Reddy joins a new firm after working at Redline Automotive's prior counsel. Reddy possesses material information protected by Rule 1.6 from the earlier representation of a now-adverse client in a substantially related matter.
Rebecca Ross learns her client plans to submit falsified documents to a regulator. Ross may not disclose the plan to the regulator because Rule 1.6 prohibits the disclosure even though disclosure would otherwise be required to avoid assisting fraud.
Rosa Ruiz discovers serious misconduct by another lawyer while representing Rhapsody Entertainment. Ruiz cannot report the misconduct to disciplinary authorities because the information is protected by Rule 1.6.
Rule 8.3(c) expressly states that the reporting obligation does not require disclosure of information protected by Rule 1.6. A lawyer who obtains knowledge of misconduct solely through a client representation therefore has no duty to report if disclosure would reveal confidential client information.
Supporting sources