Rule 1.6. Confidentiality of Information

RULE 1.6: CONFIDENTIALITY OF INFORMATION

(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) or required by paragraph (c).

(b) A lawyer may reveal information relating to the representation of a client to the extent the

lawyer reasonably believes necessary:

(1) to prevent the client from committing a crime in circumstances other than those

specified in paragraph (c);

(2) to prevent the client from committing 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;

(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;

(6) to comply with other law or a court order; or

(7) to detect and resolve conflicts of interest if the revealed information would not prejudice

the client.

(c) A lawyer shall 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.

the lawyer’s representation of the client;

(6) to comply with other law or a court order; or

(7) to detect and resolve conflicts of interest if the revealed information would not prejudice

the client.

(c) A lawyer shall 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.

(d) Information received by a lawyer participating in a meeting or proceeding with a trained

intervener or panel of trained interveners of an approved lawyers’ assistance program, or in an

intermediary program approved by a circuit court in which nondisciplinary complaints against

judges or lawyers can be referred, and information contained in communications between a user

of an intermediary connecting service (ICS) and the ICS for purposes of the user seeking or

obtaining a connection with a lawyer for the rendition of legal services or for the ICS facilitating

the rendition of legal services by the lawyer, shall be considered information relating to the

representation of a client for purposes of these Rules.

(e) 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.

Adopted July 1, 2009, effective January 1, 2010; amended Oct. 15, 2015, eff. Jan. 1, 2016; amended

Apr. 1, 2025, eff. July 1, 2025.

Comment

tion relating to the

representation of a client for purposes of these Rules.

(e) 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.

Adopted July 1, 2009, effective January 1, 2010; amended Oct. 15, 2015, eff. Jan. 1, 2016; amended

Apr. 1, 2025, eff. July 1, 2025.

Comment

[1] This Rule governs the disclosure by a lawyer of information relating to the representation

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 information relating to the lawyer’s prior representation 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

information to the disadvantage of clients and former clients.

[2] A fundamental principle in the client-lawyer relationship is that, in the absence of the

client’s informed consent, the lawyer must not reveal information relating to the representation.

See Rule 1.0(e) 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 what is, in the complex of laws and

regulations, deemed to be legal and correct. Based upon experience, lawyers know that almost all

clients follow the advice given, and the law is upheld

s 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 what is, in the complex of laws and

regulations, deemed to be legal and correct. Based upon experience, lawyers know that almost all

clients follow the advice given, and the law is upheld.

[3] 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

professional ethics. 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 applies in situations 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 information relating to the representation, whatever its source. A lawyer may

not disclose such information except as authorized or required by the Rules of Professional

Conduct or other law. See also Scope.

[4] Paragraph (a) prohibits a lawyer from revealing information relating to the representation

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

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.

Authorized Disclosure

[5] 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 information relating to a client of the firm, unless the client has instructed

that particular information be confined to specified lawyers.

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Disclosure Adverse to Client

[6] Although the public interest is usually best served by a strict rule requiring lawyers to

preserve the confidentiality of information relating to the representation of their clients, the

confidentiality rule is subject to limited exceptions. Paragraph (c) recognizes the overriding value

of life and physical integrity and requires 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

overriding value

of life and physical integrity and requires 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 from information relating to a representation that a client or other person has

accidentally discharged toxic waste into a town’s water must 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.

[6A] Paragraph (b)(1) preserves the policy of the 1980 Illinois Code of Professional

Responsibility and the 1990 Illinois Rules of Professional Conduct that permitted a lawyer to

reveal the intention of a client to commit a crime. This general provision would permit disclosure

where the client’s intended conduct is a crime, including a financial crime, and the situation is not

covered by paragraph (c).

[7] 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 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. Like paragraph (b)(1), paragraph

in 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. Like paragraph (b)(1), paragraph

(b)(2) does not require the lawyer to reveal the client’s misconduct, but 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.

[8] 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 information relating to the representation 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 concerning that offense.

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[9] 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

t offense.

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[9] 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)(4) permits such disclosure because of the importance of a lawyer’s compliance with the Rules

of Professional Conduct.

[10] 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 has been made. Paragraph

(b)(5) does not require the lawyer to await the commencement of an action or proceeding that

charges such complicity, so that 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, where a

proceeding has been commenced.

[11] 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.

[12] Other law may require that a lawyer disclose information about a client

f course, where a

proceeding has been commenced.

[11] 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.

[12] 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

information relating to the representation 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.

Detection of Conflicts of Interest

[13] Paragraph (b)(7) 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, Comment [7]. Under these

circumstances, lawyers and law firms are permitted to disclose limited information, but only once

substantive discussions regarding the new relationship have occurred. Even limited information

should be disclosed only to the extent reasonably necessary. Moreover, the disclosure of any

information is prohibited if it would prejudice the client (e.g., disclosure would compromise the

attorney-client privilege; 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)

ld compromise the

attorney-client privilege; 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

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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.

[14] Paragraph (b)(7) does not restrict the use of information acquired by means independent

of any disclosure pursuant to paragraph (b)(7). Paragraph (b)(7) also does not affect the disclosure

of information within a law firm when the disclosure is otherwise authorized, see Comment [5],

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.

[15] A lawyer may be ordered to reveal information relating to the representation 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

er 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.

[16] 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 disclosure should be made in a manner that limits 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.

[17] Paragraph (b) permits but does not require the disclosure of information relating to a

client’s representation to accomplish the purposes specified in paragraphs (b)(1) through (b)(7). 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), and 8.1

e 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), and 8.1. Rules 3.3

and 8.3, on the other hand, requires disclosure in some circumstances regardless of whether such

disclosure is permitted by this Rule. See Rule 3.3(c).

Withdrawal

[17A] If the lawyer’s services will be used by a client in materially furthering a course of

criminal or fraudulent conduct, the lawyer must withdraw, as stated in Rule 1.16(a)(1). The lawyer

may give notice of the fact of withdrawal regardless of whether the lawyer decides to disclose

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information relating to a client’s representation as permitted by paragraph (b). The lawyer may

also withdraw or disaffirm any opinion or other document that had been prepared for the client or

others. Where the client is an organization, the lawyer must also consider the provisions of Rule

1.13.

Acting Competently to Preserve Confidentiality

[18] Paragraph (e) requires a lawyer to act competently to safeguard information relating to

the representation of a client 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 and

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 (e) if the lawyer

has made reasonable efforts to prevent the access or disclosure

ersons who are participating in the

representation of the client or who are subject to the lawyer’s supervision. See Rules 1.1, 5.1 and

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 (e) 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). A client may require the

lawyer to implement special security measures not required by this Rule or may give informed

consent to forgo security measures that would otherwise be required by this Rule. Whether a

lawyer may be required to take additional steps to safeguard a client’s information in order to

comply with other law, such as state and federal laws that govern data privacy or that impose

notification requirements upon the loss of, or unauthorized access to, electronic information, is

beyond the scope of these Rules. For a lawyer’s duties when sharing information with nonlawyers

outside the lawyer’s own firm, see Rule 5.3, Comments [3]-[4].

[19] When transmitting a communication that includes information relating to the

representation of a client, the lawyer must take reasonable precautions to prevent the information

from coming into the hands of unintended recipients. This duty, however, 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

formation relating to the

representation of a client, the lawyer must take reasonable precautions to prevent the information

from coming into the hands of unintended recipients. This duty, however, 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.

Former Client

[20] 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 such information to the

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disadvantage of the former client.

Lawyers’ Assistance and Court Intermediary Programs

[21] Information about the fitness or conduct of a law student, lawyer or judge may be received

by a lawyer while participating in an approved lawyers’ assistance program. Protecting the

confidentiality of such information encourages law students, lawyers and judges to seek assistance

through such programs. Without such protection, law students, lawyers and judges may hesitate to

seek assistance, to the detriment of clients and the public. Similarly, lawyers participating in an

approved intermediary program established by a circuit court to resolve nondisciplinary issues

among lawyers and judges may receive information about the fitness or conduct of a lawyer or

judge

ssistance

through such programs. Without such protection, law students, lawyers and judges may hesitate to

seek assistance, to the detriment of clients and the public. Similarly, lawyers participating in an

approved intermediary program established by a circuit court to resolve nondisciplinary issues

among lawyers and judges may receive information about the fitness or conduct of a lawyer or

judge. Paragraph (d) therefore provides that any information received by a lawyer participating in

an approved lawyers’ assistance program or an approved circuit court intermediary program will

be protected as confidential client information for purposes of the Rules. See also Comment [5] to

Rule 8.3.

Intermediary Connecting Services

[22] An intermediary connecting service (ICS) may require information from users who are

seeking a lawyer, the disclosure of which could negatively impact their interests. For instance, a

lead generator could require users to include their name, e-mail address, phone number, and

specific information about their matter and then send an e-mail to participating lawyers, informing

them that they have a new lead while including all the user’s disclosed information. Without

protecting information users of an ICS provide to the ICS for the purpose of seeking a lawyer or

receiving legal assistance, the users may believe that disclosing information on an online form or

website is not confidential and could be readily attainable by the public. Alternatively, a user may

believe that his or her information is protected when that may not be true. By protecting that

information, the public may be willing to seek representation through an ICS more freely.

[23] Additionally, paragraph (d) recognizes that an ICS may act as a participating lawyer’s

agent when the ICS is transmitting information between the user and lawyer for purposes of the

lawyer rendering legal services, for instance, when an ICS provides a system by which a

participating lawyer may communicate with the client

public may be willing to seek representation through an ICS more freely.

[23] Additionally, paragraph (d) recognizes that an ICS may act as a participating lawyer’s

agent when the ICS is transmitting information between the user and lawyer for purposes of the

lawyer rendering legal services, for instance, when an ICS provides a system by which a

participating lawyer may communicate with the client. Consequently, a lawyer must act

competently to safeguard information that is provided to or transmitted through the ICS. If a lawyer

knows that an ICS will or plans to engage in the unauthorized disclosure of information relating

to the representation of client, the lawyer shall make reasonable efforts to prevent the disclosure,

including by remonstrating with the ICS, notifying the ICS of the lawyer’s duty to take reasonable

precautions to prevent the unauthorized disclosure of the information, and requesting the ICS not

to disclose the information. The unauthorized disclosure of information relating to the

representation of a client does not constitute a violation of paragraph (e) if the lawyer has made

reasonable efforts to prevent the disclosure.

Adopted July 1, 2009, effective January 1, 2010; amended Oct. 15, 2015, eff. Jan. 1, 2016; Apr. 1,

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2025, eff. July 1, 2025.

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