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,

except for disclosures that are impliedly authorized in order to carry out the

representation, and except as stated in paragraph (b).

(b) A lawyer may reveal such information to the extent the lawyer reasonably

believes necessary:

(1) to prevent the client from committing a criminal act that the lawyer believes is

likely to result in imminent death or substantial bodily harm;

(2) 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;

(3) to secure legal advice about the lawyer's compliance with these Rules; or

(4) to comply with other law or a court order.

COMMENTARY

Fundamental Principles

[1] The lawyer is part of a judicial system charged with upholding the law. One of

the lawyer's functions is to advise clients so that they avoid any violation of the law in

the proper exercise of their rights.

The observance of the ethical obligation of a lawyer to hold inviolate confidential

information of the client not only facilitates the full development of facts essential to

proper representation of the client but also encourages people to seek early legal

assistance. Almost without exception, clients come to lawyers in order to determine

what their rights are and what is, in the maze of laws and regulations, deemed to be

legal and correct. The common law recognizes that the client's confidences must be

protected from disclosure. Based upon experience, lawyers know that almost all

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

A fundamental principle in the client-lawyer relationship is that the lawyer maintain

confidentiality of information relating to the representation

and regulations, deemed to be

legal and correct. The common law recognizes that the client's confidences must be

protected from disclosure. Based upon experience, lawyers know that almost all

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

A fundamental principle in the client-lawyer relationship is that the lawyer maintain

confidentiality of information relating to the representation. The client is thereby

encouraged to communicate fully and frankly with the lawyer even as to

embarrassing or legally damaging subject matter.

The principle of confidentiality is given effect in two related bodies of law, the

attorney-client privilege (which includes the work product doctrine) in the law of

evidence and the rule of confidentiality established in professional ethics. The

attorney-client privilege applies 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 applies not merely 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.

The requirement of maintaining confidentiality of information relating to

representation applies to government lawyers who may disagree with the policy goals

that their representation is designed to advance.

Authorized Disclosure

hatever 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.

The requirement of maintaining confidentiality of information relating to

representation applies to government lawyers who may disagree with the policy goals

that their representation is designed to advance.

Authorized Disclosure

[2] A lawyer is impliedly authorized to make disclosures about a client when

appropriate in carrying out the representation, except to the extent that the client's

instructions or special circumstances limit that authority. In litigation, for example, a

lawyer may disclose information by admitting a fact that cannot properly be disputed,

or in negotiation by making a disclosure that facilitates a satisfactory conclusion.

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.

Disclosure Adverse to Client

[3] The confidentiality rule is subject to limited exceptions. In becoming privy to

information about a client, a lawyer may foresee that the client intends serious harm

to another person. However, to the extent a lawyer is required or permitted to disclose

a client's purposes, the client will be inhibited from revealing facts which would

enable the lawyer to counsel against a wrongful course of action. The public is better

protected if full and open communication by the client is encouraged than if it is

inhibited.

Several situations must be distinguished.

First, the lawyer may not counsel or assist a client in conduct that is criminal or

fraudulent. See Rule 1.2(d). Similarly, a lawyer has a duty under Rule 3.3(a)(3) not to

use false evidence. This duty is essentially a special instance of the duty prescribed in