Louisiana Legal Ethics

1.6 Rule 1.6 Confidentiality of Information

1.6:100 Comparative Analysis of Louisiana Rule

¥ Primary Louisiana References: LA Rule 1.6
¥ Background References: ABA Model Rule 1.6, Other Jurisdictions
¥ Commentary:

1.6:101 Model Rule Comparison

The text of LRPC 1.6 is identical to that in its counterpart, MR 1.6.

1.6:102 Model Code Comparison

LRPC 1.6 forbids lawyers from revealing information relating to the representation of their client without the clientÕs consent after consultation unless: 1) the disclosure is impliedly authorized in order to carry out the representation of the client; 2) the lawyer reasonably believes the information must be revealed to prevent the client from committing a crime which is likely, in the lawyerÕs belief, to result in Òimminent death or substantial bodily harmÓ; or 3) if the lawyer believes the information must be revealed to establish a claim or defense on his or her behalf in a controversy with a client, to establish a defense on his or her behalf to a claim based on conduct in which a client was involved, or to respond to allegations involving the lawyerÕs representation of a client. DR 4-101 contains similar provisions. Under DR 4-101, a lawyer may not knowingly reveal or use a confidence or secret of his client unless the client consents after full disclosure, unless it is permitted by the disciplinary rules or required by law or court order, or unless it is necessary to establish or collect his fee or to defend himself or his employees or associates against an accusation of wrongful conduct. DR 4-101 also allows a lawyer to reveal the intention of his client to commit a crime and any information which might prevent the crime.

The Model Code allows more disclosure than the Louisiana rule. First, DR 4-101(C)(4) allows disclosure as necessary to collect a fee or to defend the attorney or his employees or associates against allegations of wrongful conduct. LRPC 1.6(b)(2) allows the lawyer to disclose information only for his or her own defense. Second, DR 4-101(C)(2) allows confidential information to be disclosed when such is allowed under the other Disciplinary Rules, the law or court order. Louisiana has no counterpart. Third, information may be disclosed to prevent the client from committing a crime under both DR 4-101(C)(3) and LRPC 1.6(b)(1). LouisianaÕs rule is more narrow in that the lawyer can only disclose information necessary to prevent a crime that the lawyer reasonably believes is likely to result in imminent death or substantial bodily harm. The Model Code appears to allow disclosure to prevent commission of any criminal act. The Louisiana rule is broader than the Model Code, by granting implied authorization to disclose information that is necessary for the representation of the client.

1.6:200 Professional Duty of Confidentiality

¥ Primary Louisiana References: LA 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