Formal Opinion 480 explains that lawyers communicating about legal topics in public commentary must comply with the ABA Model Rules of Professional Conduct, including Rule 1.6 (a) which says: «A lawyer shall not reveal
information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by paragraph (b).»
Comment 2 to Rule 5.3 explains: «A lawyer must give such assistants appropriate instruction and supervision concerning the ethical aspects of their employment, particularly regarding the obligation not to
disclose information relating to representation of the client, and should be responsible for their work product.»
Remember, Model Rule of Professional Responsibility 1.6 applies the duty of confidentiality to «
information relating to the representation of a client», and the rule is commonly applied to client information held in computer and information systems.
It also references the 2012 change to Rule 1.6 on confidentiality, which added a new duty in paragraph (c): «A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to,
information relating to the representation of a client.»
A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to,
information relating to the representation of a client.
(c) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to,
information relating to the representation of a client.
The changes were based on the American Bar Association's modifications to the Comments of Rule 1.1 respecting Competence (``... a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with technology...») and Rule 1.6 respecting Confidentiality («(c) A lawyer shall make reasonable efforts to prevent the unintended disclosure of, or unauthorized access to,
information relating to the representation of a client.»)
A lawyer may reveal
information relating to the representation of a client to the extent the lawyer reasonably believes necessary... to respond to allegations in any proceeding concerning the lawyer's representation of the client.
(a) A lawyer shall not reveal
information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).
How can you «make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to,
information relating to the representation of a client» (Rule 1.6 (c)-RRB- if you don't even know when your clients» information is in a web - based service?
Because of the duty of confidentiality, a lawyer has an obligation not to disclose
information relating to the representation of the client, though, as discussed above, the rules are rife with exceptions.
Rule 1.6 broadly requires protection of «
information relating to the representation of a client»; it is not limited to confidential communications and privileged information.
Based solely on Rule 1.6 (1) of the ABA's model rules (A lawyer may reveal
information relating to the representation of a client to the extent the lawyer reasonably believes necessary to prevent reasonably certain death or substantial bodily harm...), some people read an exception to attorney - client privilege in the case of child abuse.
IRPC 1.6 (e) states «A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to
information relating to the representation of a client.»
(b) A lawyer may reveal
information relating to the representation of a client to the extent the lawyer reasonably believes necessary:
The Model Rules of Professional Conduct Rule 1.6 states that an attorney «shall not reveal
information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted» to prevent a range of significant harms, including the death of another person.
All «
information relating to the representation of a client» is considered confidential.
(US Answer) Under the Model Rules of Professional Conduct, «A lawyer may reveal
information relating to the representation of a client to the extent the lawyer reasonably believes necessary... to prevent reasonably certain death or substantial bodily harm...» Most states have incorporated the MRPC into their own state legal ethics codes.