Colorado Legal Ethics
1.6 Rule 1.6 Confidentiality of Information
1.6:100 Comparative Analysis of Colorado Rule
¥ Primary Colorado References:
CO Rule 1.6
¥ Background References: ABA
Model Rule 1.6, Other Jurisdictions
¥ Commentary:
1.6:101 Model Rule Comparison
Colo.RPC 1.6 differs in some respects from the Model Rule. First, MR 1.6(b) is separated into two subsections, Colo.RPC 1.6(b) and (c). Colo.RPC 1.6(b) applies only to revealing a clientÕs intention to commit a crime, and omits the qualifying language in MR 1.6(b)(1) that the crime must be Òlikely to result in imminent death or substantial bodily harm.Ó Additionally, Colo.RPC 1.6(b) is not subject to the limitation that confidential information may be revealed only to the Òextent the lawyer reasonably believes necessary.Ó This qualifying language appears only in Colo.RPC 1.6(c), which permits the disclosure of information necessary to establish a claim or defense on behalf of the lawyer. Colo.RPC 1.6 adds a subsection (d), which provides that a lawyer Òshall exercise reasonable careÓ to prevent the lawyerÕs employees, associates or others employed by the lawyer from disclosing or using confidential client information.
The Colorado Comment under the heading ÒConfidentialityÓ is identical to the Model Rule with one exception. The Colorado Comment adds a paragraph that provides that the attorney-client privilege is more limited than the obligation to protect confidential client information. Under the heading "Disclosure Adverse to Client," the Colorado Comment states that a lawyer may foresee that the client intends Òto commit a crime,Ó while Model Rule Comment [9] refers to a client's intention to cause Òserious harm to another person.Ó This is consistent with the modifications to Colo.RPC 1.6 that make it applicable to all crimes. Consistent with these changes, the Colorado Comment deletes the language Òand likely to result in imminent death or substantial bodily harmÓ that appears in Comment [13] to MR 1.6; the Colorado Comment also deletes the entire last sentence of Model Rule Comment [13], relating to disclosures to prevent homicides or serious bodily injury. Additionally, the references within the Colorado Comment to subsections of the rule have been changed to reflect the fact that Colo.RPC 1.6 contains separate subsections (b) and (c), as opposed to the single subsection (b) in MR 1.6.
1.6:102 Model Code Comparison
The Colorado Committee Comment indicates that Colo.RPC 1.6 adopts the more permissive disclosure standard stated in DR 4-101(C)(3) rather than the standard in MR 1.6. The Committee Comment also explains that the distinction in the Comment between the attorney-client privilege and the confidentiality provisions arises from EC 4-4. The Committee Comment notes finally that Colo.RPC 1.6(d) is comparable to DR 4-101(D), and is intended to amplify Colo.RPC 5.3.
1.6:200 Professional Duty of Confidentiality
¥ Primary Colorado References:
CO Rule 1.6
¥ Background References: ABA
Model Rule 1.6, Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 55:101, ALI-LGL ¤¤ 111-117A,
Wolfram ¤¤ 6.1, 6.7
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1.6:210 Definition of Protected Information
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1.6:220 Lawyer's Duty to Safeguard Confidential Client Information
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1.6:230 Lawyer Self-Dealing in Confidential Information [see also 1.8:300]
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1.6:240 Use or Disclosure of Confidential Information of Co-Clients
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1.6:250 Information Imparted in Lawyer Counseling Programs
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1.6:260 Information Learned Prior to Becoming a Lawyer
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1.6:300 Exceptions to Duty of Confidentiality--In General
¥ Primary Colorado References:
CO Rule 1.6
¥ Background References: ABA
Model Rule 1.6, Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 55:101, ALI-LGL ¤¤ 111-117A,
Wolfram ¤¤ 6.4, 6.7
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1.6:310 Disclosure to Advance Client Interests or with Client Consent
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1.6:320 Disclosure When Required by Law or Court Order
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1.6:330 Disclosure in Lawyer's Self-Defense
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1.6:340 Disclosure in Fee Dispute
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1.6:350 Disclosure to Prevent a Crime
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1.6:360 Disclosure to Prevent Death or Serious Bodily Injury
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1.6:370 Disclosure to Prevent Financial Loss
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1.6:380 Physical Evidence of Client Crime [see 3.4:210]
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1.6:390 Confidentiality and Conflict of Interest
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1.6:395 Relationship with Other Rules
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1.6:400 Attorney-Client Privilege
¥ Primary Colorado References:
CO Rule 1.6
¥ Background References: ABA
Model Rule 1.6, Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 55:301, ALI-LGL ¤¤ 118-128,
Wolfram ¤¤ 6.3-6.5
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1.6:410 Privileged Communications
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1.6:420 Privileged Persons
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1.6:430 Communications "Made in Confidence"
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1.6:440 Communications from Lawyer to Client
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1.6:450 Client Identity, Whereabouts, and Fee Arrangements
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1.6:460 Legal Assistance as Object of Communication
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1.6:470 Privilege for Organizational Clients
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1.6:475 Privilege for Governmental Clients
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1.6:480 Privilege of Co-Clients
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1.6:490 Common-Interest Arrangements
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1.6:495 Duration of Attorney-Client Privilege
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1.6:500 Waiver of Attorney-Client Privilege
¥ Primary Colorado References:
CO Rule 1.6
¥ Background References: ABA
Model Rule 1.6, Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 55:401, ALI-LGL ¤¤ 128-130,
Wolfram ¤ 6.4
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1.6:510 Waiver by Agreement, Disclaimer, or Failure to Object
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1.6:520 Waiver by Subsequent Disclosure
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1.6:530 Waiver by Putting Assistance or Communication in Issue
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1.6:600 Exceptions to Attorney-Client Privilege
¥ Primary Colorado References:
CO Rule 1.6
¥ Background References: ABA
Model Rule 1.6, Other Jurisdictions
¥ Commentary: ABA/BNA ¤¤ 55:901 et
seq., ALI-LGL ¤¤ 131-135, Wolfram ¤¤ 6.4
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1.6:610 Exception for Disputes Concerning Decedent's Disposition of Property
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1.6:620 Exception for Client Crime or Fraud
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1.6:630 Exception for Lawyer Self-Protection
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1.6:640 Exception for Fiduciary-Lawyer Communications
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1.6:650 Exception for Organizational Fiduciaries
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1.6:660 Invoking the Privilege and Its Exceptions
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1.6:700 Lawyer Work-Product Immunity
¥ Primary Colorado References:
CO Rule 1.6
¥ Background References: ABA
Model Rule 1.6, Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 91:2201, ALI-LGL ¤¤ 136-142,
Wolfram ¤ 6.6
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1.6:710 Work-Product Immunity
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1.6:720 Ordinary Work Product
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1.6:730 Opinion Work Product
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1.6:740 Invoking Work-Product Immunity and Its Exceptions
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1.6:750 Waiver of Work-Product Immunity by Voluntary Acts
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1.6:760 Waiver of Work-Product Immunity by Use in Litigation
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1.6:770 Exception for Crime or Fraud
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