Rule 1.6: Confidentiality of Information and Rule 2.1: Advisor

Duty of Confidentialtiy

A lawyer must keep all information related to a client's representation strictly confidential unless the client gives informed consent, the action is implicitly necessary to handle the case, or a specific exception applies.

Preventing Death or Bodily Harm

lawyer may reveal confidential information if they reasonably believe it is necessary to prevent reasonably certain death or severe physical injury.

This exception places the preservation of human life and safety above attorney-client secrecy.

Preventing Future Financial Fraud

lawyer may disclose information to prevent a client from committing a crime or fraud that would cause major financial or property damage using the lawyer's services.

This stops lawyers from being used as active tools to carry out financial schemes.

Rectifying Past Financial Harm

lawyer can reveal details to help undo or reduce significant financial or property damage caused by a client's past crime or fraud executed using the lawyer's services

It allows attorneys to mitigate harm when a client misused their legal assistance.

Seeking Ethics Advice

A lawyer may share client information with another legal expert to get confidential advice on how to comply with professional ethics rules.

This allows lawyers to seek proper guidance when facing difficult ethical decisions.

Protecting the Lawyer in Disputes

A lawyer can disclose confidential information to defend themselves against legal charges, formal allegations, or lawsuits related to their work with a client, or to resolve a dispute like a fee collection suit.

This ensures attorneys can protect their rights and defend their professional integrity.

Complying with Law or Orders

A lawyer may share client information when mandated to do so by a judge's court order or another applicable law.

This clarifies that ethical confidentiality must yield to binding legal authorities.

Resolving Practice Conflict

A lawyer may reveal limited information to detect and fix conflicts of interest when moving to a new firm or reorganizing a law practice.

This permission only applies if the disclosure will not prejudice the client or break attorney-client privilege.

Safeguarding Client Data

lawyer must take reasonable administrative and technical steps to prevent client information from being accidentally leaked or wrongfully accessed. This requires attorneys to actively protect client data from modern security breaches and careless mistakes.

Rule 2.1

Independent Professional Judgment: A lawyer must provide objective, honest advice to clients without allowing outside influences or personal biases to sway their legal opinion. This duty requires lawyers to give straightforward guidance, even if the legal reality is unfavorable to the client.

Broad Considerations: When advising a client, a lawyer is permitted to look beyond strictly technical legal rules to include moral, economic, social, and political factors. This holistic approach helps clients evaluate the real-world impacts and practical consequences of their decisions.