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End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


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 client’s intention to commit a crime, and omits the qualifying language in MR 1.6(b)(1) that the crime must be “likely to result in imminent death or substantial bodily harm.” Additionally, Colo.RPC 1.6(b) is not subject to the limitation that confidential information may be revealed only to the “extent the lawyer reasonably believes necessary.” 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 “shall exercise reasonable care” to prevent the lawyer’s employees, associates or others employed by the lawyer from disclosing or using confidential client information.

The Colorado Comment under the heading “Confidentiality” 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 “to commit a crime,” while Model Rule Comment [9] refers to a client's intention to cause “serious harm to another person.” 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 “and likely to result in imminent death or substantial bodily harm” 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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