Also known as:substantial injuries · substantially injure · substantially injured · substantially injuring · material injury
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
in professional responsibility
A level of financial or property harm that is reasonably certain to occur or has occurred from a client's crime or fraud when the lawyer's services were used in furtherance of that conduct. The harm must rise above mere speculation or minor loss to justify an exception to confidentiality.
2
Sense 1
1
in professional responsibility
A level of financial or property harm that is reasonably certain to occur or has occurred from a client's crime or fraud when the lawyer's services were used in furtherance of that conduct. The harm must rise above mere speculation or minor loss to justify an exception to confidentiality.
Sources & Authorities· 2 primary sources
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Model Codes
Sense 2
2
in tort law
Bodily harm whose consequences are so grave that they differ in kind from ordinary injury. This includes harm creating a substantial risk of death, constituting mayhem, or causing permanent loss of function in an important organ or member.
Sources & Authorities· 1 source
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Restatements
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10
Practice Questions5
in tort law
Bodily harm whose consequences are so grave that they differ in kind from ordinary injury. This includes harm creating a substantial risk of death, constituting mayhem, or causing permanent loss of function in an important organ or member.
Each sense below has its own examples, sources, and questions.
Examples2
Lawyer Considers Disclosure of Ongoing Fraud
Seth Shapiro, in-house counsel for a telecom firm, learns executives plan to sell a priority service they cannot deliver using contract templates he drafted. The firm intends to charge business customers like Spectrum Financial upon signing despite known capacity shortfalls. Because the misrepresentations would cause substantial financial injury to those customers and his services furthered the scheme, the rule permits limited disclosure to prevent the fraud.
Lawyer Discloses to Rectify Completed Fraud
Sofia Stern, outside counsel, discovers her client used her billing templates to implement a double-charging scheme that extracted millions from insurers like Sentinel Security and patients such as Simon Stern. The client spent the proceeds on unrelated projects. Because the fraud caused substantial injury to the victims' financial interests and her services were used in furtherance, the rule allows disclosure to help rectify the harm.
Frequently Asked2
When does substantial injury to financial interests permit disclosure under Rule 1.6(b)(2)?+
Disclosure is permitted when the lawyer reasonably believes it is necessary to prevent a client from committing a crime or fraud that is reasonably certain to cause substantial financial injury to another and in which the lawyer's services were used. The injury must be more than speculative, and the conduct must involve knowing misrepresentations intended to induce reliance.
Supporting sources
How does Rule 1.6(b)(3) differ from Rule 1.6(b)(2) regarding substantial injury?+
Rule 1.6(b)(3) authorizes disclosure to prevent, mitigate, or rectify substantial injury that has already resulted from a completed crime or fraud in which the lawyer's services were used. Rule 1.6(b)(2) applies only to ongoing or future conduct that is reasonably certain to cause such injury.
Supporting sources
Examples1
Self-Defense Force Exceeds Privilege
Sylvia Santos, a homeowner, confronts an intruder on her property and uses a high-voltage electrified fence that delivers shocks strong enough to knock a person backward onto rocky terrain. The intruder suffers a broken hip and permanent mobility loss. Because the force was likely to cause serious bodily harm beyond what was reasonably necessary to stop the trespass, the privilege does not apply.
Frequently Asked1
What makes bodily harm serious enough to defeat a self-defense privilege?+
Bodily harm is serious when its consequences differ in kind from ordinary injury, such as creating a substantial risk of death, constituting mayhem, or causing permanent loss of function in an important organ or member. The actor's intended or likely force, not the actual result, determines whether the privilege applies.
Supporting sources
TortsIntentional torts · Defenses to claims for physical harmsUBEIntermediate