Rule 1.6: Confidential Information of a Client
Rule 1.6 details when confidential information of a client can be disclosed (hint: almost never).
0:00 Intro
0:36 Rule 1.6(a) summary
0:49 Purpose of Rule
1:26 Business & Professions Code 6068
1:46 Discussion regarding exception to requirement to maintain confidentiality
4:05 Note regarding exception: permissive vs. required
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The language of the Rule:
(a) A lawyer shall not reveal information protected from disclosure by Business and Professions Code section 6068, subdivision (e)(1) unless the client gives informed consent, or the disclosure is permitted by paragraph (b) of this rule.
(b) A lawyer may, but is not required to, reveal information protected by Business and Professions Code section 6068, subdivision (e)(1) to the extent that the lawyer reasonably believes the disclosure is necessary to prevent a criminal act that the lawyer reasonably believes is likely to result in death of, or substantial bodily harm to, an individual, as provided in paragraph
(c).
(c) Before revealing information protected by Business and Professions Code section 6068, subdivision (e)(1) to prevent a criminal act as provided in paragraph (b), a lawyer shall, if reasonable under the circumstances: (1) make a good faith effort to persuade the client: (i) not to commit or to continue the criminal act; or (ii) to pursue a course of conduct that will
prevent the threatened death or substantial bodily harm; or do both (i) and (ii); and (2) inform the client, at an appropriate time, of the lawyer’s ability or decision to reveal information protected by Business and Professions Code section 6068, subdivision (e)(1) as provided in paragraph (b).
(d) In revealing information protected by Business and Professions Code section 6068, subdivision (e)(1) as provided in paragraph (b), the lawyer’s disclosure must be no more than is necessary to prevent the criminal act, given the information known to the lawyer at the time of the disclosure.
(e) A lawyer who does not reveal information permitted by paragraph (b) does not
violate this rule.
Link to full Rule with Comments:
https://www.calbar.ca.gov/Portals/0/d...