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MODEL RULES FOR FEE ARBITRATION - RULE 8

Rule 8 Confidentiality

  1. Confidentiality of Proceedings. Except as may be otherwise necessary for compliance with these rules or to take ancillary legal action with respect thereto, all records, documents, files, proceedings and hearings pertaining to the arbitration of any dispute under these rules shall be confidential and will be closed to the public, unless ordered open by a [court of general jurisdiction] upon good cause shown, except that a summary of the facts, without reference to the parties by name, may be publicized in all cases once the proceeding has been formally closed.

  2. Confidentiality of Information. A lawyer may reveal information relating to the representation of the client to the extent necessary to establish his or her fee claim. In no event shall such disclosure be deemed a waiver of the confidential character of such matters for any other purpose.

Commentary

Rule 8(B) is consistent with ABA Model Rule of Professional Conduct Rule 1.6 or its equivalent, which permits limited disclosure of otherwise confidential information only "to the extent reasonably . . . necessary to establish a claim or defense . . . in a controversy between the lawyer and the client . . . ."

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Center for Professional Responsibility