# Alaska R. Prof. Conduct 1.6: Rule 1.6. Confidentiality of Information

> Alaska · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_AK_PROF_R1_6

## Section

- **Citation:** Alaska R. Prof. Conduct 1.6
- **Heading:** Rule 1.6. Confidentiality of Information
- **Jurisdiction:** Alaska
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Alaska Rules of Court / Alaska Rules of Professional Conduct / Alaska R. Prof. Conduct 1.6

## Text

(a) A lawyer shall not reveal a client’s confidence or
secret unless the client gives informed consent, except for
disclosures that are impliedly authorized in order to carry out
the representation and disclosures permitted by paragraph (b)
below or Rule 3.3. For purposes of this rule, “confidence”
means information protected by the attorney-client privilege
under applicable law, and “secret” means other information
gained in the professional relationship if the client has
requested it be held confidential or if it is reasonably
foreseeable that disclosure of the information would be
embarrassing or detrimental to the client. In determining
whether information relating to representation of a client is
protected from disclosure under this rule, the lawyer shall
resolve any uncertainty about whether such information can be
revealed against revealing the information.
(b) A lawyer may reveal a client’s confidence or secret to
the extent the lawyer reasonably believes necessary:
(1) to prevent reasonably certain:
(A) death;
(B) substantial bodily harm; or
(C) wrongful execution or incarceration of another;
(2) to prevent the client from committing a crime or
fraud that is reasonably certain to result in substantial injury to
the financial interests or property of another and in furtherance
of which the client has used or is using the lawyer’s services;
(3) to prevent, mitigate, or rectify substantial injury to
the financial interests or property of another that is reasonably
certain to result or has resulted from the client’s commission of
a crime or fraud in furtherance of which the client has used the
lawyer’s services;
(4) to secure legal advice about the lawyer’s compliance
with these Rules;
as used or is using the lawyer’s services;
(3) to prevent, mitigate, or rectify substantial injury to
the financial interests or property of another that is reasonably
certain to result or has resulted from the client’s commission of
a crime or fraud in furtherance of which the client has used the
lawyer’s services;
(4) to secure legal advice about the lawyer’s compliance
with these Rules;
(5) to establish a claim or defense on behalf of the
lawyer in a controversy between the lawyer and the client, to
establish a defense to a criminal charge or civil claim against
the lawyer based upon conduct in which the client was
involved, or to respond to allegations in any proceeding
concerning the lawyer’s representation of the client; or
(6) to comply with other law or a court order.
(c) A lawyer must act competently to safeguard a client’s
confidences and secrets against unauthorized access, or against
inadvertent or unauthorized disclosure by the lawyer, by other
persons who are participating in the representation of the
client, by any other persons who are subject to the lawyer’s
supervision, or by others involved in transferring or storing
client confidences and secrets. This duty includes guarding
against unauthorized access to a client’s confidences and
secrets. See Rules 1.1, 5.1, and 5.3. A client may give
informed consent to forgo security measures that would
otherwise be required by this Rule. When transmitting or
storing information that includes a client’s confidence or
secret, the lawyer must take reasonable precautions to prevent
this information from coming into the hands of unintended
recipients.
ALASKA COMMENT
The Court decided to continue Alaska’s amendment to
this rule to tie the lawyer’s confidentiality obligation to a
“confidence” or “secret” of the client. The Committee
concluded the language used in Model Rule 1.6 (“information”
relating to representation of a client) was excessively broad
utions to prevent
this information from coming into the hands of unintended
recipients.
ALASKA COMMENT
The Court decided to continue Alaska’s amendment to
this rule to tie the lawyer’s confidentiality obligation to a
“confidence” or “secret” of the client. The Committee
concluded the language used in Model Rule 1.6 (“information”
relating to representation of a client) was excessively broad.
The terms “confidence” and “secret” are defined in the
amended rule in substantively the same way as those terms
were defined in DR 4-101(A) of the ABA Model Code of
Professional Responsibility. The Committee expects that court
decisions interpreting “confidence” and “secret” under DR 4-
101(A) will be persuasive authority for interpreting the
amended Alaska rule.
The final sentence of paragraph (a) has been added to
require that a lawyer approach any decision about disclosing
confidences or secrets of a client from the standpoint that the
information is generally protected from disclosure.
In paragraph (b)(1)(C), the court included an additional
limited exception to the normal rule requiring lawyers to
preserve the confidences and secrets of their clients. This
provision is modeled on the similar Massachusetts rule; its
core purpose is to permit a lawyer to reveal confidential
information in the specific situation in which that information
discloses that an innocent person has been convicted of a crime
and has been sentenced to imprisonment or execution.
The lawyer’s decision to disclose information under this
rule is governed by objectively reasonable standards (see Rule
9.1(n) and (o)) and by all the facts and circumstances of which
the lawyer is aware or reasonably should be aware at the time
the decision is made.
Paragraph (c) is taken from the commentary to the ABA
version of the rules
d has been sentenced to imprisonment or execution.
The lawyer’s decision to disclose information under this
rule is governed by objectively reasonable standards (see Rule
9.1(n) and (o)) and by all the facts and circumstances of which
the lawyer is aware or reasonably should be aware at the time
the decision is made.
Paragraph (c) is taken from the commentary to the ABA
version of the rules. The Committee created paragraph (c)
because the Committee concluded that standards of pro-
fessional conduct subject to enforcement through disciplinary
proceedings should be stated in the text of the Rules rather
than in commentary.
COMMENT
This Rule governs the disclosure by a lawyer confidences
and secrets of a client during the lawyer’s representation of the
client. See Rule 1.18 for the lawyer’s duties with respect to
information provided to the lawyer by a prospective client,
Rule 1.9(c)(2) for the lawyer’s duty not to reveal confidences
and secrets of a former client, and Rules 1.8(b) and 1.9(c)(1)
for the lawyer’s duties with respect to the use of such informa-
tion to the disadvantage of clients and former clients.
A fundamental principle in the client-lawyer relationship
is that, in the absence of the client’s informed consent, the
lawyer must not reveal a client’s confidences and secrets. See
Rule 9.1(g) for the definition of informed consent. This
contributes to the trust that is the hallmark of the client-lawyer
relationship. The client is thereby encouraged to seek legal
assistance and to communicate fully and frankly with the
lawyer even as to embarrassing or legally damaging subject
matter. The lawyer needs this information to represent the
client effectively and, if necessary, to advise the client to
refrain from wrongful conduct. Almost without exception,
clients come to lawyers in order to determine their rights and
to ascertain what conduct is legal and correct
e and to communicate fully and frankly with the
lawyer even as to embarrassing or legally damaging subject
matter. The lawyer needs this information to represent the
client effectively and, if necessary, to advise the client to
refrain from wrongful conduct. Almost without exception,
clients come to lawyers in order to determine their rights and
to ascertain what conduct is legal and correct.
The principle of client-lawyer confidentiality is given
effect by related bodies of law: the attorney-client privilege,
the work product doctrine and the rule of confidentiality
established in the Rules of Professional Conduct. The attorney-
client privilege and work-product doctrine apply in judicial and
other proceedings in which a lawyer may be called as a witness
or otherwise required to produce evidence concerning a client.
The rule of client-lawyer confidentiality also applies in situa-
tions other than those where evidence is sought from the
lawyer through compulsion of law. The confidentiality rule, for
example, applies not only to matters communicated in
confidence by the client but also to all client secrets. A lawyer
may not disclose such information except as authorized or
required by the Rules of Professional Conduct or other law. A
determination that disclosure of client information is permitted
by the crime-fraud exception to the ethics rule does not
necessarily lead to the same result under the crime-fraud
exception to the attorney-client privilege. See also Scope.
Paragraph (a) prohibits a lawyer from revealing
confidences and secrets of a client. This prohibition also
applies to disclosures by a lawyer that do not in themselves
reveal protected information but could reasonably lead to the
discovery of such information by a third person. A lawyer’s
use of a hypothetical to discuss issues relating to the
representation is permissible so long as there is no reasonable
likelihood that the listener will be able to ascertain the identity
of the client or the situation involved
osures by a lawyer that do not in themselves
reveal protected information but could reasonably lead to the
discovery of such information by a third person. A lawyer’s
use of a hypothetical to discuss issues relating to the
representation is permissible so long as there is no reasonable
likelihood that the listener will be able to ascertain the identity
of the client or the situation involved.
Authorized Disclosure
Except to the extent that the client’s instructions or special
circumstances limit that authority, a lawyer is impliedly
authorized to make disclosures about a client when appropriate
in carrying out the representation. In some situations, for
example, a lawyer may be impliedly authorized to admit a fact
that cannot properly be disputed or to make a disclosure that
facilitates a satisfactory conclusion to a matter. Lawyers in a
firm may, in the course of the firm’s practice, disclose to each
other confidences and secrets of a client of the firm, unless the
client has instructed that particular information be confined to
specified lawyers.
Disclosure Adverse to Client
Although the public interest is usually best served by a
strict rule requiring lawyers to preserve the confidences and
secrets of their clients, the confidentiality rule is subject to
limited exceptions. Paragraph (b)(1) recognizes the overriding
value of life and physical integrity and permits disclosure
reasonably necessary to prevent reasonably certain death or
substantial bodily harm. Such harm is reasonably certain to
occur if it will be suffered imminently or if there is a present
and substantial threat that a person will suffer such harm at a
later date if the lawyer fails to take action necessary to
eliminate the threat
ding
value of life and physical integrity and permits disclosure
reasonably necessary to prevent reasonably certain death or
substantial bodily harm. Such harm is reasonably certain to
occur if it will be suffered imminently or if there is a present
and substantial threat that a person will suffer such harm at a
later date if the lawyer fails to take action necessary to
eliminate the threat. Thus, a lawyer who knows that a client
has accidentally discharged toxic waste into a town’s water
supply may reveal this information to the authorities if there is
a present and substantial risk that a person who drinks the
water will contract a life-threatening or debilitating disease and
the lawyer’s disclosure is necessary to eliminate the threat or
reduce the number of victims.
Paragraph (b)(2) is a limited exception to the rule of
confidentiality that permits the lawyer to reveal information to
the extent necessary to enable affected persons or appropriate
authorities to prevent the client from committing a crime or
fraud, as defined in Rule 1.0(d), that is reasonably certain to
result in substantial injury to the financial or property interests
of another and in furtherance of which the client has used or is
using the lawyer’s services. Such a serious abuse of the client-
lawyer relationship by the client forfeits the protection of this
Rule. The client can, of course, prevent such disclosure by
refraining from the wrongful conduct. Although paragraph
ly certain to
result in substantial injury to the financial or property interests
of another and in furtherance of which the client has used or is
using the lawyer’s services. Such a serious abuse of the client-
lawyer relationship by the client forfeits the protection of this
Rule. The client can, of course, prevent such disclosure by
refraining from the wrongful conduct. Although paragraph
(b)(2) does not require the lawyer to reveal the client’s
misconduct, the lawyer may not counsel or assist the client in
conduct the lawyer knows is criminal or fraudulent. See Rule
1.2(d). See also Rule 1.16 with respect to the lawyer’s
obligation or right to withdraw from the representation of the
client in such circumstances, and Rule 1.13(c), which permits
the lawyer, where the client is an organization, to reveal
information
relating
to
the
representation
in
limited
circumstances.
Paragraph (b)(3) addresses the situation in which the
lawyer does not learn of the client’s crime or fraud until after it
has been consummated. Although the client no longer has the
option of preventing disclosure by refraining from the
wrongful conduct, there will be situations in which the loss
suffered by the affected person can be prevented, rectified or
mitigated. In such situations, the lawyer may disclose client
confidences and secrets to the extent necessary to enable the
affected persons to prevent or mitigate reasonably certain
losses or to attempt to recoup their losses. Paragraph (b)(3)
does not apply when a person who has committed a crime or
fraud thereafter employs a lawyer for representation concern-
ing that offense.
A lawyer’s confidentiality obligations do not preclude a
lawyer from securing confidential legal advice about the
lawyer’s personal responsibility to comply with these Rules. In
most situations, disclosing information to secure such advice
will be impliedly authorized for the lawyer to carry out the
representation
raud thereafter employs a lawyer for representation concern-
ing that offense.
A lawyer’s confidentiality obligations do not preclude a
lawyer from securing confidential legal advice about the
lawyer’s personal responsibility to comply with these Rules. In
most situations, disclosing information to secure such advice
will be impliedly authorized for the lawyer to carry out the
representation. Even when the disclosure is not impliedly
authorized, paragraph (b)(2) permits such disclosure because
of the importance of a lawyer’s compliance with the Rules of
Professional Conduct. To the extent practicable, a lawyer
should use hypothetical facts when seeking this legal advice.
Where a legal claim or disciplinary charge alleges
complicity of the lawyer in a client’s conduct or other
misconduct of the lawyer involving representation of the
client, the lawyer may respond to the extent the lawyer
reasonably believes necessary to establish a defense. The same
is true with respect to a claim involving the conduct or
representation of a former client. Such a charge can arise in a
civil, criminal, disciplinary, or other proceeding and can be
based on a wrong allegedly committed by the lawyer against
the client or on a wrong alleged by a third person, for example,
a person claiming to have been defrauded by the lawyer and
client acting together. The lawyer’s right to respond arises
when an assertion of such complicity or other misconduct has
been made. Paragraph (b)(5) does not require the lawyer to
await the commencement of an action or proceeding that
charges misconduct, so the defense may be established by
responding directly to a third party who has made such an
assertion. The right to defend also applies, of course, when a
proceeding has been commenced.
A lawyer entitled to a fee is permitted by paragraph (b)(5)
to prove the services rendered in an action to collect it
e lawyer to
await the commencement of an action or proceeding that
charges misconduct, so the defense may be established by
responding directly to a third party who has made such an
assertion. The right to defend also applies, of course, when a
proceeding has been commenced.
A lawyer entitled to a fee is permitted by paragraph (b)(5)
to prove the services rendered in an action to collect it. This
aspect of the rule expresses the principle that the beneficiary of
a fiduciary relationship may not exploit it to the detriment of
the fiduciary.
Other law may require that a lawyer disclose information
about a client. Whether such a law supersedes Rule 1.6 is a
question of law beyond the scope of these Rules. When
disclosure of confidences and secrets appears to be required by
other law, the lawyer must discuss the matter with the client to
the extent required by Rule 1.4. If, however, the other law
supersedes this Rule and requires disclosure, paragraph (b)(6)
permits the lawyer to make such disclosures as are necessary to
comply with the law.
A lawyer may be ordered to reveal confidences and
secrets of a client by a court or by another tribunal or
governmental entity claiming authority pursuant to other law to
compel the disclosure. Absent informed consent of the client to
do otherwise, the lawyer should assert on behalf of the client
all nonfrivolous claims that the order is not authorized by other
law or that the information sought is protected against
disclosure by the attorney-client privilege or other applicable
law. In the event of an adverse ruling, the lawyer must consult
with the client about the possibility of appeal to the extent
required by Rule 1.4. Unless review is sought, however,
paragraph (b)(6) permits the lawyer to comply with the court’s
order.
Paragraph (b) permits disclosure only to the extent the
lawyer reasonably believes the disclosure is necessary to
accomplish one of the purposes specified
vent of an adverse ruling, the lawyer must consult
with the client about the possibility of appeal to the extent
required by Rule 1.4. Unless review is sought, however,
paragraph (b)(6) permits the lawyer to comply with the court’s
order.
Paragraph (b) permits disclosure only to the extent the
lawyer reasonably believes the disclosure is necessary to
accomplish one of the purposes specified. Where practicable,
the lawyer should first seek to persuade the client to take
suitable action to obviate the need for disclosure. In any case, a
disclosure adverse to the client’s interest should be no greater
than the lawyer reasonably believes necessary to accomplish
the purpose. If the disclosure will be made in connection with a
judicial proceeding, the lawyer should ask the tribunal to limit
access to the information to the tribunal or other persons
having a need to know it and appropriate protective orders or
other arrangements should be sought by the lawyer to the
fullest extent practicable.
Detection of Conflicts of Interest
This Rule recognizes that lawyers in different firms may
need to disclose limited information to each other to detect and
resolve conflicts of interest, such as when a lawyer is
considering an association with another firm, two or more
firms are considering a merger, or a lawyer is considering the
purchase of a law practice. See Rule 1.17. Under these
circumstances, lawyers and law firms are permitted to disclose
limited information, but only once substantive discussions
regarding the new relationship have occurred. Any such
disclosure should ordinarily include no more than the identity
of the persons and entities involved in a matter, a brief
summary of the general issues involved, and information about
whether the matter has terminated. Even this limited
information, however, should be disclosed only to the extent
reasonably necessary to detect and resolve conflicts of interest
that might arise from the possible new relationship
rdinarily include no more than the identity
of the persons and entities involved in a matter, a brief
summary of the general issues involved, and information about
whether the matter has terminated. Even this limited
information, however, should be disclosed only to the extent
reasonably necessary to detect and resolve conflicts of interest
that might arise from the possible new relationship. Moreover,
the disclosure of any information is prohibited if it would
compromise the attorney-client privilege or otherwise
prejudice the client (e.g., the fact that a corporate client is
seeking advice on a corporate takeover that has not been
publicly announced; that a person has consulted a lawyer about
the possibility of divorce before the person’s intentions are
known to the person’s spouse; or that a person has consulted a
lawyer about a criminal investigation that has not led to a
public charge). Under those circumstances, paragraph (a)
prohibits disclosure unless the client or former client gives
informed consent. A lawyer’s fiduciary duty to the lawyer’s
firm may also govern a lawyer’s conduct when exploring an
association with another firm and is beyond the scope of these
Rules.
Any information disclosed pursuant to this Rule may be
used or further disclosed only to the extent necessary to detect
and resolve conflicts of interest. This Rule does not restrict the
use of information acquired by means independent of any
disclosure pursuant to this Rule. This Rule also does not affect
the disclosure of information within a law firm when the
disclosure is otherwise authorized, such as when a lawyer in a
firm discloses information to another lawyer in the same firm
to detect and resolve conflicts of interest that could arise in
connection with undertaking a new representation
quired by means independent of any
disclosure pursuant to this Rule. This Rule also does not affect
the disclosure of information within a law firm when the
disclosure is otherwise authorized, such as when a lawyer in a
firm discloses information to another lawyer in the same firm
to detect and resolve conflicts of interest that could arise in
connection with undertaking a new representation.
Disclosures Otherwise Required or Authorized
Paragraph (b) permits but does not require the disclosure
of confidences and secrets of a client to accomplish the
purposes specified in paragraphs (b)(1) through (b)(6). In
exercising the discretion conferred by this Rule, the lawyer
may consider such factors as the nature of the lawyer’s
relationship with the client and with those who might be
injured by the client, the lawyer’s own involvement in the
transaction and factors that may extenuate the conduct in
question. A lawyer’s decision not to disclose as permitted by
paragraph (b) does not violate this Rule. Disclosure may be
required, however, by other Rules. Some Rules require
disclosure only if such disclosure would be permitted by
paragraph (b). See Rules 1.2(d), 4.1(b), 8.1 and 8.3. Rule 3.3,
on the other hand, requires disclosure in some circumstances
regardless of whether such disclosure is permitted by this Rule.
See Rule 3.3(c).
In various circumstances, a lawyer is permitted or
required to disclose client confidences and secrets. See, for
example, Rules 2.3, 3.3, and 4.1. In addition to these
provisions, a lawyer may be obligated or permitted by other
provisions of law to give information about a client. Whether
another provision of law supersedes or augments Rule 1.6 is a
matter of interpretation beyond the scope of these Rules.
The attorney-client privilege is defined differently in
various jurisdictions
secrets. See, for
example, Rules 2.3, 3.3, and 4.1. In addition to these
provisions, a lawyer may be obligated or permitted by other
provisions of law to give information about a client. Whether
another provision of law supersedes or augments Rule 1.6 is a
matter of interpretation beyond the scope of these Rules.
The attorney-client privilege is defined differently in
various jurisdictions. If a lawyer is called as a witness to give
testimony concerning a client, absent waiver by the client,
paragraph (a) requires the lawyer to invoke the privilege when
it is applicable. The lawyer must comply with the final orders
of a court or other tribunal of competent jurisdiction requiring
the lawyer to give information about the client.
Acting Competently to Preserve Confidentiality
Paragraph (c) requires a lawyer to act competently to
safeguard client confidences and secrets against unauthorized
access by third parties and against inadvertent or unauthorized
disclosure by the lawyer or other persons who are participating
in the representation of the client or who are subject to the
lawyer’s supervision. See Rules 1.1, 5.1, 5.3. The unauthorized
access to, or the inadvertent or unauthorized disclosure of,
information relating to the representation of a client does not
constitute a violation of paragraph (c) if the lawyer has made
reasonable efforts to prevent the access or disclosure. Factors
to be considered in determining the reasonableness of the
lawyer’s efforts include, but are not limited to, the sensitivity
of the information, the likelihood of disclosure if additional
safeguards are not employed, the cost of employing additional
safeguards, the difficulty of implementing the safeguards, and
the extent to which the safeguards adversely affect the
lawyer’s ability to represent clients (e.g., by making a device
or important piece of software excessively difficult to use)
mited to, the sensitivity
of the information, the likelihood of disclosure if additional
safeguards are not employed, the cost of employing additional
safeguards, the difficulty of implementing the safeguards, and
the extent to which the safeguards adversely affect the
lawyer’s ability to represent clients (e.g., by making a device
or important piece of software excessively difficult to use).
The duty of safeguarding communications described in Rule
1.6(c) does not require that the lawyer use special security
measures if the method of communication affords a reasonable
expectation of privacy. Special circumstances, however, may
warrant special precautions. Factors to be considered in
determining the reasonableness of the lawyer’s expectation of
confidentiality include the sensitivity of the information and
the extent to which the privacy of the communication is
protected by law or by a confidentiality agreement. A client
may require the lawyer to implement special security measures
not required by this Rule or may give informed consent to the
use of a means of communication that would otherwise be
prohibited by this Rule. Whether a lawyer may be required to
take additional steps in order to comply with other law, such as
state and federal laws that govern data privacy, is beyond the
scope of these Rules.
Withdrawal
If the lawyer’s services will be used by the client in
materially furthering a course of criminal or fraudulent
conduct, the lawyer must withdraw, as stated in Rule
1.16(a)(1). After withdrawal the lawyer is required to refrain
from making disclosure of the client’s confidences and secrets,
except as otherwise permitted by Rule 1.6. Neither this Rule
nor Rule 1.8(b) nor Rule 1.16(d) prevents the lawyer from
giving notice of the fact of withdrawal, and the lawyer may
also withdraw or disaffirm any opinion, document, affirmation,
or the like
ated in Rule
1.16(a)(1). After withdrawal the lawyer is required to refrain
from making disclosure of the client’s confidences and secrets,
except as otherwise permitted by Rule 1.6. Neither this Rule
nor Rule 1.8(b) nor Rule 1.16(d) prevents the lawyer from
giving notice of the fact of withdrawal, and the lawyer may
also withdraw or disaffirm any opinion, document, affirmation,
or the like. Where the client is an organization, the lawyer may
be in doubt whether contemplated conduct will actually be
carried out by the organization. Where necessary to guide
conduct in connection with this Rule, the lawyer may make
inquiry within the organization as indicated in Rule 1.13(b).
The duty of safeguarding communications described in
Rule 1.6(c) does not require that the lawyer use special
security measures if the method of communication affords a
reasonable expectation of privacy. Special circumstances,
however, may warrant special precautions. Factors to be
considered in determining the reasonableness of the lawyer’s
expectation of confidentiality include the sensitivity of the
information and the extent to which the privacy of the
communication is protected by law or by a confidentiality
agreement. A client may require the lawyer to implement
special security measures not required by this Rule or may give
informed consent to the use of a means of communication that
would otherwise be prohibited by this Rule.
Former Client
The duty of confidentiality continues after the client-
lawyer relationship has terminated. See Rule 1.9(c)(2). See
Rule 1.9(c)(1) for the prohibition against using confidences
and secrets to the disadvantage of a former client.
LAW REVIEW COMMENTARIES
“Guilty But Mentally Ill: The Ethical Dilemma of Mental Illness as a Tool
of the Prosecution,” 32 Alaska L. Rev. 1 (2015).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_AK_PROF_R1_6. Check the current official text before relying on it. Not legal advice.