December 01, 2011

Ethics: Problems Relating to Confidentiality

Lewis Becker
  • Rule 1.6(a) of the ABA Model Rules of Professional Conduct products a very broad area of information
  • Two hypotheticals follow that test your understanding of the implications of Rule 1.6(a)

In order to analyze the following two hypotheticals, it is important to review Rule 1.6(a) of the ABA Model Rules of Professional Conduct (which are the basis for the ethics rules in most 40 states) which mandates confidentiality for “information related to the representation.” The category of protected information is thus quite broad. The information is protected even if it emanates from someone other than the client—for example, a friend or even an enemy—and the client need not even be aware of the existence or content of the information.

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