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

> Wyoming · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULEPROFCONDATTOLAW_R1_6

## Section

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

## Text

(a) A lawyer shall not reveal conﬁdential 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).
(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;
(2) to prevent the client from committing a 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;
(7) to detect and resolve conﬂicts of interest arising from the lawyer’s
change of employment or from changes in the composition or ownership of a
ﬁrm, but only if the revealed information would not compromise the
attorney-client privilege or otherwise prejudice the client; or
(8) to protect the best interests of an individual when the lawyer has been
appointed to act as a guardian ad litem.
rder;
(7) to detect and resolve conﬂicts of interest arising from the lawyer’s
change of employment or from changes in the composition or ownership of a
ﬁrm, but only if the revealed information would not compromise the
attorney-client privilege or otherwise prejudice the client; or
(8) to protect the best interests of an individual when the lawyer has been
appointed to act as a guardian ad litem.
(c) A lawyer shall make reasonable efforts to prevent the inadvertent or
unauthorized disclosure of, or unauthorized access to, conﬁdential information
relating to the representation of a client.
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 conﬁdential
information provided to the lawyer by a prospective client, Rule 1.9(c)(2) for the
lawyer’s duty not to reveal conﬁdential 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 conﬁdential 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 conﬁdential
information relating to the representation. See Rule 1.0(b) for the deﬁnition of
conﬁdential information and Rule 1.0(f) 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
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.
[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 conﬁdential
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 conﬁdential 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
thorized or required by the Rules of
Professional Conduct or other law. See also Scope.
[4] Paragraph (a) prohibits a lawyer from revealing conﬁdential 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.
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.
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 (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
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. 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.
[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 a 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 (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
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.
[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
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.
For example, see Wyoming Statute Sections 14-3-205 and 35-20-103. 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
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.
[13] A lawyer appointed to act as a guardian ad litem represents the best
interests of that individual, not the individual. As stated in paragraph (b)(8),
the lawyer has professional discretion to reveal information in order to protect
the individual’s best interests. Any such disclosure should be no greater than
that which the lawyer reasonably believes necessary to protect the individual’s
best interests.
Detection of Conﬂicts of Interest. [14] 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. 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
hould 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.
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.
[15] Any information disclosed pursuant to paragraph (b)(7) may be used or
further disclosed only to the extent necessary to detect and resolve conﬂicts of
interest. Paragraph (b)(7) does not restrict the use of information acquired by
means independent of any disclosure pursuant to paragraph (b)(7). Paragraph
t when
exploring an association with another ﬁrm and is beyond the scope of these
Rules.
[15] Any information disclosed pursuant to paragraph (b)(7) may be used or
further disclosed only to the extent necessary to detect and resolve conﬂicts of
interest. 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.
[16] 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
n
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.
[17] 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.
[18] 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)(8). 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
jured 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).
Acting Competently to Preserve Conﬁdentiality. [19] Paragraph (c) 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 (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). 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
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].
[20] 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.
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
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. [21] 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 disadvantage of the former
client.
Deﬁnitional Cross-References
“Firm” See Rule 1.0(d)
“Fraud” See Rule 1.0(e)
“Informed consent” See Rule 1.0(f)
“Reasonably” See Rule 1.0(i)
“Reasonably believes” See Rule 1.0(j)
“Substantial” See Rule 1.0(m)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULEPROFCONDATTOLAW_R1_6. Check the current official text before relying on it. Not legal advice.