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Model Rules of Professional Conduct
Client-Lawyer Relationship
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).
(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:
(1) to prevent reasonably certain death or substantial bodily harm;
(2) to prevent the client from committing a crime or 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; or
(6) to comply with other law or a court order
Seems to me that if you honestly believed your clients were guilty of fraud or lieing as you say, under b2 or b3, you could report the situation. If you don’t know they are lieing and are just suspicous, then it seems like you just have a very negative attitude towards your clients due to your experiences.
When I become an attorney I think I will follow the never reveal option even if there is a may scenario. In my opinion, anything you are told is something you otherwise would not hear if the client believes you will reveal it to someone. I mean, by your argument why should anyone be priests? They have to hear our countles sins and how bad we all are all the time in Confession and they can’t go to the authorities and tell on us.
Being an attorney is a noble profession in my opinion and writing briefs and winning arguments can be a lot of fun. It’s even more fun winnin in real life as I did with one of my briefs last summer at an intership and hope to do so again at my summer internship this summer.
On a side note, because of your post and me having to refute it I guess I have a head start on studying for the MPRE now as I’ll probably take it some time next semester.
Client-Lawyer Relationship
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).
(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:
(1) to prevent reasonably certain death or substantial bodily harm;
(2) to prevent the client from committing a crime or 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; or
(6) to comply with other law or a court order
Seems to me that if you honestly believed your clients were guilty of fraud or lieing as you say, under b2 or b3, you could report the situation. If you don’t know they are lieing and are just suspicous, then it seems like you just have a very negative attitude towards your clients due to your experiences.
When I become an attorney I think I will follow the never reveal option even if there is a may scenario. In my opinion, anything you are told is something you otherwise would not hear if the client believes you will reveal it to someone. I mean, by your argument why should anyone be priests? They have to hear our countles sins and how bad we all are all the time in Confession and they can’t go to the authorities and tell on us.
Being an attorney is a noble profession in my opinion and writing briefs and winning arguments can be a lot of fun. It’s even more fun winnin in real life as I did with one of my briefs last summer at an intership and hope to do so again at my summer internship this summer.
On a side note, because of your post and me having to refute it I guess I have a head start on studying for the MPRE now as I’ll probably take it some time next semester.