R 1.6 - Confidentiality of Information

Question 1

Generally, shall an attorney reveal information relating to the representation of a client?

Answer 1

No.

Question 2

In what instances may an attorney reveal information relating to the representation of a client?

Answer 2

When the attorney has the informed consent of the client;
OR
When it is impliedly authorized in order to carry out the representation.

Question 3

In what instances may an attorney reveal information relating to the representation of a client?

Answer 3

1. to prevent reasonably certain death or substantial bodily harm;
2. to prevent crime or fraud to be committed on some else property or financial interest with the use of the attorney’s legal service;
3. to prevent, mitigate, or rectify the injury to the financial interest and property the is certain to occur or has occurred from the use of the legal services of the attorney;
4. to secure legal advice about the lawyer’s compliance with the Rule;
5. to establish a defense or claim against the client based on the acts of the client;
6. comply with other laws or Court order;
7. when there might be a conflict of interest when there is a change of employment.

Question 4

What shall an attorney do when it comes securing the confidential information?

Answer 4

The attorney shall make reasonable effort to prevent the disclosure of the information and unauthorized access.

Question 5

When an attorney is called as witness and asked to reveal confidential information of his client, shall he do so?

Answer 5

No, he shall not unless one of the exceptions apply or there is informed consent from the client to do so.

Question 6

If the attorney uses a hypothetical information in regards to the representation of a client, may he do so?

Answer 6

He may so long as the listener cannot ascertain the identity of the client or the situation involved.

Question 7

Does the duty of confidentiality continue after the client-lawyer relationship has terminated?

Answer 7

Yes.

Question 8

Can a law firm and an attorney reveal limited information to discern whether or not there is a conflict of interest?

Answer 8

Yes.

Question 9

What kind of information may be revealed in order to discern whether there is a conflict of interest?

Answer 9

The name of the client, brief summary of the issue, and whether the matter has been terminated.

Question 10

May a client ask the attorney to implement certain security measure to secure the confidential information?

Answer 10

Yes.

Question 11

Is an attorney required to implement safeguards that comply with State or Federal laws that govern data privacy?

Answer 11

It goes beyond the scope of the Rules.

Question 12

If a statement is made to the attorney by the client about a matter unrelated to the legal advice sought by the client, is part of the confidential information?

Answer 12

No.