Model Rule 1.6: Confidentiality of Information

When it applies

This rule comes up whenever a lawyer considers sharing client information with third parties, other lawyers, the media, or even to protect themselves, and it is one of the most heavily tested rules on the MPRE because the exceptions are narrow and easy to misapply. It also arises in everyday practice contexts like talking about cases with colleagues, using client information in marketing, or responding to subpoenas.

What the rule requires

• A lawyer shall not reveal information relating to the representation of a client unless an exception applies.
• The duty covers all information relating to the representation, not just privileged communications, and applies regardless of the source of the information.
• The duty continues even after the representation ends.
• A lawyer must make reasonable efforts to prevent unauthorized disclosure or access to client information, including safeguarding electronic data.
• Disclosure that is impliedly authorized to carry out the representation (e.g., routine matters needed to accomplish the client's objectives) is permitted without separate consent.
• Client informed consent can authorize disclosure that would otherwise be prohibited.

Exceptions

• A lawyer may reveal information to prevent reasonably certain death or substantial bodily harm.
• A lawyer may reveal information to prevent the client from committing a crime or fraud that is reasonably certain to cause substantial injury to the financial interests or property of another, where the client has used or is using the lawyer's services in furtherance of it.
• A lawyer may reveal information 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 crime or fraud in furtherance of which the client used the lawyer's services.
• A lawyer may reveal information to secure legal advice about the lawyer's own compliance with the Rules.
• A lawyer may reveal information to establish a claim or defense in a controversy with the client, to defend against accusations of wrongful conduct, or to comply with a court order or other law. A lawyer may also reveal limited information to detect and resolve conflicts of interest arising from a change of employment or a change in a firm's composition or ownership, but only if the disclosure would not compromise privilege or otherwise prejudice the client.

How the MPRE tests Model Rule 1.6

• Students confuse the broad scope of Rule 1.6 (all information relating to representation) with the narrower evidentiary attorney-client privilege.
• Questions test whether disclosure is 'may' (permissive) versus mistakenly treating exceptions as mandatory duties to disclose.
• Exam facts often present a sympathetic reason to disclose (e.g., preventing minor harm) that does not meet the 'reasonably certain death or substantial bodily harm' threshold, tempting students to pick disclosure when it is not permitted.
• Students overlook that a lawyer can disclose to comply with a court order without violating 1.6, confusing this with a duty to always resist disclosure.