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MPRE.Rule1.6 Legal · MPRE / Bar

Confidentiality — Model Rule 1.6

Node 3 of 8 in MPRE

Objectives

  • Identify the key rules and §§ that apply to confidentiality — model rule 1.6.
  • Apply the MPRE.Rule1.6 knowledge element in a typical exam scenario.
  • Recognize common distractors and partial-credit answers.

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MPRE.Rule1.6

Confidentiality — Model Rule 1.6

MPRE · Client-Lawyer Relationship (Rules 1.x) Model Rule 1.6 · Confidentiality of Information

**Rule 1.6(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).

**Rule 1.6(b) — Permissive disclosure exceptions:** • (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 financial injury resulting from the client's crime/fraud using the lawyer's services. • (4) To secure legal advice about the lawyer's compliance with these Rules. • (5) To establish a claim or defense in a controversy between lawyer and client; to establish a defense to a criminal charge or civil claim against the lawyer; or to respond to allegations. • (6) To comply with other law or a court order. • (7) To detect and resolve conflicts of interest arising from a change in employment or ownership (added 2012).

**Rule 1.6(c):** A lawyer shall make reasonable efforts to prevent the **inadvertent or unauthorized disclosure** of client information (foundational for data-security obligations).

**Attorney-client privilege (evidence law, distinct from but overlapping Rule 1.6):** a communication between lawyer and client made in confidence for the purpose of seeking legal advice. Waived by disclosure to third parties (except agents of the lawyer/client under Kovel); crime-fraud exception.

ABA Model Rule 1.6 Fed. R. Evid. 501 (privilege)

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