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Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


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

This section has not yet been completed.

1.6:210      Definition of Protected Information

This section has not yet been completed.

1.6:220      Lawyer's Duty to Safeguard Confidential Client Information

This section has not yet been completed.

1.6:230      Lawyer Self-Dealing in Confidential Information [see also 1.8:300]

This section has not yet been completed.

1.6:240      Use or Disclosure of Confidential Information of Co-Clients

This section has not yet been completed.

1.6:250      Information Imparted in Lawyer Counseling Programs

This section has not yet been completed.

1.6:260      Information Learned Prior to Becoming a Lawyer

This section has not yet been completed.

1.6:300   Exceptions to Duty of Confidentiality--In General

¥ 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 ¤¤ 6.4, 6.7

This section has not yet been completed.

1.6:310      Disclosure to Advance Client Interests or with Client Consent

This section has not yet been completed.

1.6:320      Disclosure When Required by Law or Court Order

This section has not yet been completed.

1.6:330      Disclosure in Lawyer's Self-Defense

This section has not yet been completed.

1.6:340      Disclosure in Fee Dispute

This section has not yet been completed.

1.6:350      Disclosure to Prevent a Crime

This section has not yet been completed.

1.6:360      Disclosure to Prevent Death or Serious Bodily Injury

This section has not yet been completed.

1.6:370      Disclosure to Prevent Financial Loss

This section has not yet been completed.

1.6:380      Physical Evidence of Client Crime [see 3.4:210]

This section has not yet been completed.

1.6:390      Confidentiality and Conflict of Interest

This section has not yet been completed.

1.6:395      Relationship with Other Rules

This section has not yet been completed.

1.6:400   Attorney-Client Privilege

¥ Primary Louisiana References: LA 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

This section has not yet been completed.

1.6:410      Privileged Communications

This section has not yet been completed.

1.6:420      Privileged Persons

This section has not yet been completed.

1.6:430      Communications "Made in Confidence"

This section has not yet been completed.

1.6:440      Communications from Lawyer to Client

This section has not yet been completed.

1.6:450      Client Identity, Whereabouts, and Fee Arrangements

This section has not yet been completed.

1.6:460      Legal Assistance as Object of Communication

This section has not yet been completed.

1.6:470      Privilege for Organizational Clients

This section has not yet been completed.

1.6:475      Privilege for Governmental Clients

This section has not yet been completed.

1.6:480      Privilege of Co-Clients

This section has not yet been completed.

1.6:490      Common-Interest Arrangements

This section has not yet been completed.

1.6:495      Duration of Attorney-Client Privilege

This section has not yet been completed.

1.6:500   Waiver of Attorney-Client Privilege

¥ Primary Louisiana References: LA Rule 1.6
¥ Background References: ABA Model Rule 1.6, Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 55:401, ALI-LGL ¤¤ 128-130, Wolfram ¤ 6.4

This section has not yet been completed.

1.6:510      Waiver by Agreement, Disclaimer, or Failure to Object

This section has not yet been completed.

1.6:520      Waiver by Subsequent Disclosure

This section has not yet been completed.

1.6:530      Waiver by Putting Assistance or Communication in Issue

This section has not yet been completed.

1.6:600   Exceptions to Attorney-Client Privilege

¥ Primary Louisiana References: LA 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

This section has not yet been completed.

1.6:610      Exception for Disputes Concerning Decedent's Disposition of Property

This section has not yet been completed.

1.6:620      Exception for Client Crime or Fraud

This section has not yet been completed.

1.6:630      Exception for Lawyer Self-Protection

This section has not yet been completed.

1.6:640      Exception for Fiduciary-Lawyer Communications

This section has not yet been completed.

1.6:650      Exception for Organizational Fiduciaries

This section has not yet been completed.

1.6:660      Invoking the Privilege and Its Exceptions

This section has not yet been completed.

1.6:700   Lawyer Work-Product Immunity

¥ Primary Louisiana References: LA Rule 1.6
¥ Background References: ABA Model Rule 1.6, Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 91:2201, ALI-LGL ¤¤ 136-142, Wolfram ¤ 6.6

This section has not yet been completed.

1.6:710      Work-Product Immunity

This section has not yet been completed.

1.6:720      Ordinary Work Product

This section has not yet been completed.

1.6:730      Opinion Work Product

This section has not yet been completed.

1.6:740      Invoking Work-Product Immunity and Its Exceptions

This section has not yet been completed.

1.6:750      Waiver of Work-Product Immunity by Voluntary Acts

This section has not yet been completed.

1.6:760      Waiver of Work-Product Immunity by Use in Litigation

This section has not yet been completed.

1.6:770      Exception for Crime or Fraud

This section has not yet been completed.

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