AS APPROVED BY HOUSE OF DELEGATES IN 2001 AND ADOPTED IN 2002
Strike-outs indicate deletions from prior ABA Model Rule 1.6. Underlining indicates new language.
(a) A lawyer shall not reveal information relating to the representation of a client unless the client consents after consultation, except for disclosures that are gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, and except as stated in or the disclosure is permitted by paragraph (b).
(b) A lawyer may reveal such information relating to the representation of a client to the extent the lawyer reasonably believes necessary:
(1) to prevent the client from committing a criminal act that the lawyer believes is likely to result in imminent reasonably certain death or substantial bodily harm; or
NOT ADOPTED: (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;
of Proposed 1.6(b)(2), the Ethics 2000 Commission
WITHDREW Proposed 1.6(b)(3)
(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
(4) to secure legal advice about the lawyer's compliance with these Rules;
(2) (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.