ABA MODEL CODE OF PROFESSIONAL RESPONSIBILITY (1969)

[NOTE: The Model Code of Professional Responsibility was approved by the American Bar Association (ABA) in 1969 and thereafter was widely adopted by state supreme courts. The ABA replaced the Model Code of Professional Responsibility with the Model Rules of Professional Conduct in 1983; over the next 15 years states gradually replaced their version of the Model Code with a version based on the Model Rules. However, particularly on the issue of confidentiality, two Model Code provisions (4-101 and 7-102) provide important historical background to the current Model Rules, especially Rules 1.6 and 3.3.]

Disciplinary Rule 4-101

Preservation of Confidences and Secrets of a Client.

(A) "Confidence" refers to information protected by the attorney-client privilege under applicable law, and "secret" refers to other information gained in the professional relationship that the client has requested be held inviolate or the disclosure of which would be embarrassing or would be likely to be detrimental to the client.

(B) Except when permitted under DR 4-101 (C), a lawyer shall not knowingly:

(1) Reveal a confidence or secret of his client.

(2) Use a confidence or secret of his client to the disadvantage of the client.

(3) Use a confidence or secret of his client for the advantage of himself.

(C) A lawyer may reveal:

(1) Confidences or secrets with the consent of the client or clients affected, but only after a full disclosure to them.

(2) Confidences or secrets when permitted under Disciplinary Rules or required by law or court order.

(3) The intention of his client to commit a crime and the information necessary to prevent the crime.

(4) Confidences or secrets necessary to establish or collect his fee or to defend himself or his employees or associates against an accusation of wrongful conduct.

(D) A lawyer shall exercise reasonable care to prevent his employees, associates, and others whose services are utilized by him from disclosing or using confidences or secrets of a client, except that a lawyer may reveal the information allowed by DR 4-101 (C) through an employee.