CPP 179 The notice states that a lawyer may not offer or enter into a settlement agreement that contains a provision prohibiting counsel representing the party to the settlement from representing other claimants against the other party. Official Ethics Report 2011 16. The notice states that a criminal defense attorney accused of ineffectively assisting a lawyer by a former client may disclose confidential information about the client to prosecutors to assist a defense for the claim, as long as the attorney reasonably believes that a response is necessary and the response is closely tailored to the response to the allegations. CPP 77 The assessment states that a lawyer may disclose confidential information to his or her liability insurer to defend against a claim, but not solely for the purpose of ensuring coverage. [8A] Subsections (b)(2) and (b)(3) allow a lawyer to disclose confidential client information in certain circumstances in order to prevent or mitigate harm caused by the commission of a criminal offence or fraud. Disclosure is only permitted if the damage constitutes a material breach of someone else`s property, financial or other essential interests. The “significant” modifier is added to emphasize that material harm to an insignificant interest is not a sufficient basis for disclosure. Unlike the corresponding ABA model rule, this rule allows disclosure to prevent or mitigate damages to non-financial interests, as well as financial property or interests. For example, the abduction of a child by a non-custodial parent may result in a significant violation of the other parent`s vital interest in retaining custody or even coming into contact with their child. A criminal intruder could invade someone else`s important privacy interest.

A person may, through a crime or fraud, deprive someone of the right to vote or any other important right to participate in the political process. These interests are not financial interests, but they are so important that lawyers should have the discretion to disclose confidential client information in order to prevent or mitigate crimes and scams that significantly harm those interests. [6] While the public interest is generally best served when a strict rule requires lawyers to maintain the confidentiality of their clients` representation information, the confidentiality rule is subject to limited exceptions. Clause (b) (1) recognizes the paramount value of life and physical integrity and permits disclosure that is reasonably necessary to prevent reasonably certain death or significant bodily injury. Such damage is sufficiently certain if it is suffered directly or if there is a present and significant risk that a person will suffer such damage at a later date, if the lawyer does not take the necessary measures to eliminate the threat. For example, a lawyer who knows that a client has accidentally dumped toxic waste into a city`s water supply may disclose this information to authorities if there is a current and significant risk that a person drinking water will become ill with a life-threatening or debilitating illness and that the lawyer`s disclosure is necessary to eliminate the threat or reduce the number of victims. Official Ethics Report 2009 1. The notice states that a lawyer must exercise due diligence to prevent the disclosure of confidential client information hidden in metadata when transmitting an electronic communication, and that a lawyer who receives an electronic communication from another party or from another party`s lawyer must refrain from seeking and using confidential information, contained in the metadata embedded in the document. A final point to consider when commenting is the ABA`s stated view that even the identity of a lawyer`s client is protected under the confidentiality rules and that a lawyer violates the rules of confidentiality when the lawyer describes a client`s “hypothetical” situations”, “when there is a reasonable probability that a third party will establish the client`s identity or situation on the basis of the facts presented. can”. The “hypothetical” situation is a common tactic used by lawyers; Instead of naming a specific client or case, a lawyer describes a “hypothetical situation.” Many lawyers believe that this type of speech gymnastics isolates them from responsibility. In this notice, the ABA reminds lawyers that even if they do not name clients or specific identifying information, a breach of confidentiality may still occur if there is a reasonable likelihood that a third party can identify the client or legal situation.

Again, these two points are points where state law may differ, and if lawyers are unsure of the rules of their own jurisdiction, fate is better not to be tempted.1 RPC 23. The notice states that an attorney may disclose to the IRS information about a real estate transaction that would otherwise be protected if required by law, and further that the client and other interested parties should be informed of such required disclosure. 98 Formal ethics report 20. The notice states that, subject to a law prohibiting the retention of information, a lawyer`s obligation to disclose clients` confidential information to a bankruptcy court ends when the case is closed, although the debtor`s obligation to report new assets continues 180 days after the filing date of the application. CPP 244 The notice states that although a lawyer asks a potential client to sign a form stating that no client-lawyer relationship is established due to a free consultation with the lawyer, the lawyer cannot subsequently refuse to establish a client-lawyer relationship and represent the other party. Perhaps the most interesting conclusion of this opinion is that this is the second recent notice in which the ABA sought to emphasize that Rule 1.6 does not provide an exception for information that is “generally known” or “contained in a public record.” See Official Notice 479 from the American Bar Association (December 15, 2017). This is crucial because there is a significant misconception among lawyers that they are free to discuss documents that would otherwise be confidential if they appeared in a publicly filed document. This general perception is wrong in many, if not most, jurisdictions, and lately, the ABA seems to be doing everything it can to emphasize this point for lawyers. The majority of the ABA is of the view that the public submission of a document containing confidential information in almost all cases does not convert the information contained in that document into “generally known” information and that normal confidentiality rules continue to apply. Not everyone agrees, including the Virginia Supreme Court in Hunter v. Virginia State Bar, 285 va. 485 (2013).

For now, however, the ABA`s view on publicly available information is the articulate view of most state bars and not a theory that most lawyers should consider tempting in their daily practice. Official Ethics Report 2008 13. The notice states that a lawyer may not allow a title insurer to review the lawyer`s real estate trust account and the lawyer`s voting reports unless the clients concerned expressly consent to the disclosure of their confidential information only if certain written assurances are obtained by the title insurer to protect the client`s trust and the verified account is only used for real estate transactions. and the audit is limited to specific files and real estate transactions insured by the title insurer. RPC 215 The Notice states that when using a mobile phone or cordless telephone or other method of insecure communication, a lawyer must take steps to minimize the risk of disclosure of confidential information. Official Ethics Report 2007 12. The notice governs that a lawyer may subcontract limited legal assistance to a foreign lawyer or a non-lawyer (collectively, “foreign assistants”), provided that the lawyer properly selects and supervises foreign assistants, ensures the preservation of the client`s trust, avoids conflicts of interest, discloses outsourcing and obtains the client`s extensive informed consent.