RPC 1.6 is a fundamental rule that governs the confidentiality of information between a lawyer and their client. This rule is vital in maintaining trust within the attorney-client relationship, ensuring that sensitive information remains private unless specific conditions allow or require disclosure. Below is an in-depth look at the key provisions of RPC 1.6.

The Core Principle: Confidentiality

RPC 1.6(a) establishes that a lawyer must not reveal any information related to the representation of a client unless:

• The client gives informed consent.
• The disclosure is impliedly authorized to carry out the representation.
• The disclosure is permitted under specific circumstances outlined in RPC 1.6(b).

This rule is crucial for building trust between a lawyer and their client. It ensures that clients can fully disclose all relevant information to their lawyer, even if it is sensitive or potentially damaging, with the confidence that it will remain private.

Key Exceptions to Confidentiality

RPC 1.6(b) outlines situations where a lawyer may, or in some cases must, disclose information related to the representation of a client. These exceptions include:

1. Preventing Harm or Death: A lawyer is required to disclose information if it is necessary to prevent reasonably certain death or substantial bodily harm.
2. Preventing a Crime: A lawyer may reveal information to prevent the client from committing a crime.
3. Mitigating Financial Injury: If a client’s actions could cause significant financial harm or property damage to another person, and the lawyer’s services were used in furtherance of that action, the lawyer may disclose information to prevent or rectify the harm.
4. Seeking Legal Advice: A lawyer may disclose information to obtain legal advice about their compliance with the Rules of Professional Conduct.
5. Establishing a Defense: If a lawyer needs to establish a defense in a dispute with the client, or in response to allegations regarding the lawyer’s representation of the client, they may disclose relevant information.
6. Complying with Court Orders: A lawyer may reveal information if required by a court order.
7. Resolving Conflicts of Interest: To detect and resolve conflicts of interest, especially when a lawyer changes employment or there are changes within a law firm, a lawyer may disclose limited information, provided it does not compromise attorney-client privilege.
8. Informing a Tribunal: A lawyer may inform a tribunal about a client’s breach of fiduciary responsibility when the client is acting as a court-appointed fiduciary.

Protecting Confidential Information

RPC 1.6(c) underscores a lawyer’s duty to make reasonable efforts to prevent the inadvertent or unauthorized disclosure of information related to a client’s representation. This includes ensuring secure communications and restricting access to sensitive information to only authorized individuals.

The Importance of Informed Consent

A critical aspect of RPC 1.6 is the requirement for a lawyer to obtain a client’s informed consent before disclosing any confidential information. Informed consent means the client fully understands the implications of the disclosure and agrees to it voluntarily. This requirement ensures that the client retains control over their information and that any disclosure is made with their full knowledge and approval.

Additional Guidance and Comments

The comments accompanying RPC 1.6 provide further guidance on how the rule should be interpreted and applied. They clarify the scope of confidentiality, the nature of the exceptions, and the lawyer’s responsibilities in safeguarding client information.

Conclusion

RPC 1.6 is a cornerstone of the legal profession, protecting the confidentiality of information shared between a lawyer and their client. While there are specific circumstances where disclosure is allowed or required, the rule ensures that such actions are carefully regulated. Lawyers must understand and apply this rule diligently to protect their clients’ interests and uphold the integrity of the legal profession.

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About Blanford Law:

We are no-nonsense, relentless, fair, and honest. We are great listeners instead of fast talkers, that is just who we are. More than 20 years ago, Ken began practicing law with a deeply-seeded belief that every person has the right to the best legal representation available. He built his law firm on that belief. Another belief that he strongly adheres to is his fundamental belief that clients deserve respect, with no assumptions or preconceived notions.  If you or someone you know is accused of a crime or injured as a result of the negligence of another, please have them call us at 253-720-9304 or email us info@blanfordlaw.com