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Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


Rhode Island Legal Ethics

1.6   Rule 1.6 Confidentiality of Information

1.6:100   Comparative Analysis of Rhode Island Rule

• Primary Rhode Island References: RI Rule 1.6
• Background References: ABA Model Rule 1.6, Other Jurisdictions
• Commentary:

1.6:101      Model Rule Comparison

Rhode Island has adopted MR 1.6.

1.6:102      Model Code Comparison

Rhode Island has not adopted a Model Code comparison. See MR 1.6 and other jurisdictions.

1.6:200   Professional Duty of Confidentiality

• Primary Rhode Island References: RI Rule 1.6
• Background References: ABA Model Rule 1.6, Other Jurisdictions
• Commentary: ABA/BNA § 55:101, ALI-LGL §§ 59-66, Wolfram §§ 6.1, 6.7

An attorney must preserve the client's confidences under RI Rule 1.6 of the Rhode Island Supreme Court Rules of Professional Conduct. RI Eth. Op. 96-27 (1996). A fundamental principal in the client-lawyer relationship is that the lawyer safeguards the confidentiality of information relating to the representation. RI Eth. Op. 96-08 (1996). The obligation of confidentiality imposed by RI Rule 1.6 has been broadly interpreted in Rhode Island. RI Eth. Op. 97-23 (1997). See also In re: Ethics Advisory Panel No. 92-1, 627 A.2d 317 (R.I. 1993) where the Rhode Island Supreme Court held that a lawyer's duty of confidentiality to his clients superseded the lawyer's obligation to report another attorney's misconduct, where the lawyer learned of the misconduct during the course of representation of his client, even though he learned of the misconduct from the admission of the other attorney, not from his client.

1.6:210      Definition of Protected Information

Statements made to an attorney by a former client are protected under RI Rule 1.6 as long as the statements arose from the attorney-client relationship, but not otherwise. RI Eth. Op. 91-10 (1991). As stated in RI Rule 1.6(a), a lawyer shall not reveal information relating to representation of a client except as otherwise provided in this section. RI Eth. Op. 92-67 (1992). Information that has become generally known or is a matter of public record is not subject to RI Rule 1.6. RI Eth. Op. 93-49 (1993). RI Rule 1.6 does not distinguish between information, which would be considered a confidence or a secret. The client's name, address and fee amount owed, are related to the representation and is confidential information. RI Eth. Op. 94-42 (1994). RI Rule 1.6 of the Rules of Professional Conduct addresses the fundamental principle of confidentiality between the client and lawyer regarding information relating to the representation. RI Eth. Op. 95-26 (1995).

Where attorneys are solicitors for a municipality, the municipality, acting through its Council, is the attorneys' client. The attorneys should comply with the Council's request that they submit redacted itemized statements of prior bills to the Council and maintain the unredacted statements at their law offices as confidential information. Providing an individual Council member with unredacted itemized statements would violate Rules1.6, 1.2, and 1.13, unless the Council consented. RI Eth. Op. 2002-02.

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

An attorney has the duty to assert the attorney-client privilege on behalf of the client if subpoenaed for a grand jury or any like body. RI Eth. Op. 91-27 (1991). See also RI Eth. Op. 92-50 (1992). An attorney has the duty to assert the attorney-client privilege in a case where the attorney receives a summons from a government agency seeking certain client records. RI Eth. Op. 94-52 (1994). A lawyer is obligated to hold client communications in confidence, may not disclose them to third parties without the client's consent, and may not appropriate them to his/her own use. RI Eth. Op. 96-26 (1996). Pursuant to RI Rule 1.6, an attorney has a duty to invoke the attorney-client privilege and the work product doctrine with respect to documents and information, which, in his/her professional judgment, are protected by the privilege, or the doctrine. RI Eth. Op. 98-02 (1998).

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

A lawyer is obligated to hold client communications in confidence, may not disclose them to third parties without the client's consent, and may not appropriate them to his/her own use. RI Eth. Op. 96-26 (1996). See also RI Rule 1.8(b).

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

In a case where an attorney represented multiple defendants and one of the defendants disclosed damaging information to the attorney, it was opined by the Rhode Island Ethics Advisory Panel that the information was protected by RI Rule 1.6 and could not be shared with the other co-defendants. See RI Eth. Op. 96-08 (1996). In so ruling it was noted that the fundamental principle in the client-lawyer relationship is that the lawyer safeguard the confidentiality of information relating to the representation, citing RI Rule 1.6(a). The opinion went on to state that the information about the defendant's actions is protected under RI Rule 1.6 and the attorney cannot disclose the information to other co-defendants. If the attorney believes that a conflict arose as a result of the inability to share the information, the attorney must withdraw from the representation.

1.6:250      Information Imparted in Lawyer Counseling Programs

There is no authority in Rhode Island on this topic.

1.6:260      Information Learned Prior to Becoming a Lawyer

There is no authority in Rhode Island on this topic.

1.6:300   Exceptions to Duty of Confidentiality - In General

• Primary Rhode Island References: RI Rule 1.6
• Background References: ABA Model Rule 1.6, Other Jurisdictions
• Commentary: ABA/BNA § 55:101, ALI-LGL §§ 59-66, Wolfram §§ 6.4, 6.7

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

RI Rule 1.6(a) permits a lawyer to disclose confidential information with the client's consent or in the case where disclosures are impliedly authorized in order to carry out the representation. In a situation where an attorney represented a client in a tort claim and the client agreed to pay creditor the proceeds of the claim, Rhode Island Ethics Advisory Panel opined that the lawyer was impliedly authorized to notify the creditor that the case was settled, such disclosure being held to be impliedly authorized in order to carry out the representation. RI Eth. Op. 93-45 (1993). See also RI Eth. Op. 93-81 (1993) (where it was similarly held that disclosures might be impliedly authorized in order to carry out the representation).

1.6:320      Disclosure When Required by Law or Court Order

An attorney has an obligation to keep attorney-client information confidential and to object to its disclosure during any legal proceeding as stated in ABA Comm. on Ethics and Professional Responsibility, Formal Op. 94-385 (1994) (lawyer has professional responsibility to seek to limit subpoena or court order on any legitimate ground, such as attorney-client privilege, work product immunity, burden or relevance, or to protect information to which obligations under RI Rule 1.6 apply). However, an attorney must comply with the final orders of the court requiring the attorney to produce the documents sought or to give information about the former client. RI Eth. Op. 98-02 (1998).

An attorney's obligation to disclose to the criminal court the existence of his contingent fee agreement to represent a sexual assault victim in a civil action superseded his obligation of confidentiality toward his client, and required his disclosure of relevant information to the criminal trial court where the attorney suspected that the client did not fully disclose the nature and extent of the contingent fee arrangement during the criminal trial. In re Request for Instructions from Disciplinary Counsel, 610 A.2d 115 (R.I. 1992).

1.6:330      Disclosure in Lawyer's Self-Defense

In a situation where a former client, in a divorce matter, alleged that the attorney coerced her into a divorce and the attorney was subpoenaed by the husband's attorney, the Rhode Island Ethics Advisory Panel noted that the Comments to RI Rule 1.6(b) explicitly state that "if the lawyer is charged with a wrongdoing in which the client's conduct implicated, the rule of confidentiality should not prevent the lawyer from defending against the charge." The Panel further stated that "...such a charge can arise in a civil proceeding and can be based on a wrong allegedly committed by the lawyer against the client, or on a wrong alleged by a third person..." and that "lawyers must make every effort practicable to avoid unnecessary disclosure of information relating to a representation, to limit disclosure to those having the need to know it, and to obtain protective orders or to make other arrangements minimizing the risk of disclosure." RI Eth. Op. 93-2 (1993). A law firm may turn over to a collection agency the name, address and amount due of its debtor-clients for collection purposes. RI Eth. Op. 94-6 (1994). In such a case, the information regarding the debtors' identity and the amount due on the accounts may be revealed under subsection (b)(2) of RI Rule 1.6 in order to establish a claim on behalf of the law firm.

An attorney is permitted to reveal to the extent necessary information relating to a client's representation in support of the attorney's claimed deduction in an IRS proceeding. RI Eth. Op. 97-19 (1997) (citing RI Rule 1.6(b)(2)).

1.6:340      Disclosure in Fee Dispute

Although there appear to be no cases or opinions in point on this topic, RI Rule 1.6(b)(2) makes it clear that a lawyer may reveal such confidential information to the extent the lawyer reasonably believes necessary to establish a claim on behalf of the lawyer in a controversy between the lawyer and the client.

1.6:350      Disclosure to Prevent a Crime

If an attorney has the consent of the attorney's client, the attorney may report an alleged crime but is not obligated to do so. RI Eth. Op. 93-29 (1993). RI Rule 1.6(b) permits, but does not obligate, an attorney to reveal such information to the extent the attorney reasonably believes necessary to prevent the client from committing a criminal act that the lawyer believes is likely to result in imminent death or substantial bodily harm. In Rhode Island, therefore, disclosures are not permitted to prevent lesser crimes.

1.6:360      Disclosure to Prevent Death or Serious Bodily Injury

An attorney may, but is not obligated to, reveal such information to prevent the client from committing a criminal act that the lawyer believes is likely to result in substantial bodily harm. RI Eth. Op. 94-32 (1994). See also RI Rule 1.6(b)(1) which expressly authorizes, but does not require, attorneys to make such disclosures.

1.6:370      Disclosure to Prevent Financial Loss

An insurance company retained an attorney, to bring suit to suspend workers' compensation benefits to a recipient who was allegedly operating a home business. RI Eth. Op. 94-19 (1994). Through investigation, the attorney confirmed the allegation. Coincidentally, recipient retained the attorney's law firm as the lawyer for the home business. The RI Ethics Advisory Panel opined that the attorney was under an obligation not to reveal information relating to the representation of a client subject to certain specified exemptions that were held not applicable in this case. As a result, the attorney could not report his findings to the Workers' Compensation Fraud Unit in order to attempt to recover the payments improperly made.

Rhode Island follows the Model Rule and does not provide an exception to prevent clients from causing financial losses.

1.6:380      Physical Evidence of Client Crime

There are no cases or opinions in Rhode Island on this topic. It would be expected, in view of the limited exceptions in RI Rule 1.6, that an attorney would not be permitted to disclose such evidence under this rule.

1.6:390      Confidentiality and Conflict of Interest

RI Rule 1.9 prohibits a lawyer who has formally represented a client in a matter from using information relating to the representation to the disadvantage of the former client except as permitted by RI Rule 1.6 or RI Rule 3.3. Similarly see RI Eth. Op. 93-36 (1993). In a situation where the representation of a current client against a former client was held to be substantially related to the representation of the former client, a conflict of interest, absent consent, would arise and the attorney could not use derivative information from the initial representation under RI Rule 1.6. RI Eth. Op. 93-68 (1993). An attorney must comply with the confidentiality principles of RI Rule 1.6 and may not use information obtained in a former representation to the disadvantage of the former client. RI Eth. Op. 94-22 (1994). See also RI Eth. Op. 94-53 (1994); 94-55 (1994); 94-69 (1994); 96-09 (1996); and 96-12 (1996).

Attorney who represented his friend's mortgage company and as closing attorney for bank owed duty to disclose his friend's diversion of funds from the mortgage company, where his dealing with the friend individually did not establish the attorney/client relationship; further, attorney should have withdrawn from representing both clients. In re Silva, 636 A.2d 316 (R.I. 1994).

1.6:395      Relationship with Other Rules

There is no authority in Rhode Island on this topic.

1.6:400   Attorney-Client Privilege

• Primary Rhode Island References: RI Rule 1.6
• Background References: ABA Model Rule 1.6, Other Jurisdictions
• Commentary: ABA/BNA § 55:301, ALI-LGL §§ 68-78, Wolfram §§ 6.3-6.5

RI Rule 1.6 prohibits an attorney from assisting in the prosecution of his/her client. An attorney has an obligation to maintain the confidentiality of information relating to the representation of the client. The same duty is applicable to judicial and other proceedings where a lawyer is called as a witness. RI Eth. Op. 92-28 (1992). RI Rule 1.6(a) mandates that a lawyer shall not reveal information relating to the representation of a client unless the client consents after consultation. To the extent that the violation may be premised upon information relating to the inquiring attorney's representation of his/her client, the client's consent is required under RI Rule 1.6 for the inquiring attorney's disclosure of the information. RI Eth. Op. 92-72 (1992). Information relating to the representation of a client is protected under RI Rule 1.6(a). RI Eth. Op. 93-10 (1993). If an attorney is called as a witness to give testimony concerning a client, the attorney has the duty to assert the attorney-client privilege. RI Eth. Op. 93-26 (1993). RI Rule 1.6 forbids disclosure of information relating to representation of a client unless the client consents. The Rule does not distinguish between information that would be considered a confidence or secret. RI Eth. Op. 94-42 (1994). RI Rule 1.6 addresses the fundamental principal of confidentiality between the client and lawyer regarding information relating to the representation. RI Eth. Op. 95-26 (1995). A lawyer is obligated to hold client communications in confidence, may not disclose them to third parties without the client's consent, and may not appropriate them to his/her own use. RI Eth. Op. 96-26 (1996). The principal of confidentiality is given effect in two (2) related bodies of law: the rule of confidentiality established in professional ethics and the attorney-client privilege in the law of evidence. RI Rule 1.6 protects from disclosure a broader range of information than would be protected under the attorney-client privilege. In re Ethics Opinion No. 92-1, 627 A.2d 317 (1993); RI Eth. Op. 96-34 (1996). However, in the litigation context, RI Rule 1.6 does not alter or expand the scope of the attorney/client privilege, nor does it provide an alternative source of protection against disclosure when no such protection exists under the attorney-client privilege. Callahan v. Nystedt, 641 A.2d 58 (R.I. 1994). The rule of confidentiality applies not only to matters communicated to the attorney in confidence by the client, but also to all information relating to the representation, whatever its source. RI Eth. Op. 96-27 (1996). The attorney-client privilege applies in judicial and other proceedings in which a lawyer may be called as a witness or otherwise required to produce evidence concerning a client. The rule of client-lawyer confidentially applies in situations other than those where evidence is sought from a lawyer through compulsion of law. The confidentiality rules apply not merely to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source. See RI Rule 1.6 and RI Eth. Op. 97-15 (1997). Pursuant to RI Rule 1.6, an attorney has a duty to invoke the attorney-client privilege and the work product doctrine with respect to documents and information, which, in his/her professional judgment, are protected by the privilege, or the doctrine. RI Eth. Op. 98-02 (1998).

1.6:410      Privileged Communications

There is no authority in Rhode Island on this topic.

1.6:420      Privileged Persons

There is no authority in Rhode Island on this topic.

1.6:430      Communications "Made in Confidence"

An attorney may properly testify concerning statements made to the attorney by a former client provided the statements do not arise from the attorney-client relationship. RI Ethics Panel 91-10 (1991). RI Rule 1.6(a) requires attorneys to keep confidential only information that relates to the representation. RI Eth. Op. 97-15 (1997).

1.6:440      Communications from Lawyer to Client

In a situation where an attorney's organization is considering the creation of an expert witness/deposition bank for its members consisting of the deposition and expert testimony transcripts of its members, the RI Ethics Advisory Ethics Panel opined that the procedure would run afoul of RI Rule 1.6 since the furnishing of clients' depositions and expert testimony would be divulging confidential information contrary to the Rule. RI Eth. Op. 95-35 (1995). In RI Eth. Op. 96-35 (1996), the RI Ethics Advisory Panel favorably noted, referring to RI Rule 1.6(a), that a lawyer "shall not reveal information relating to representation of a client…." Communications from lawyer to client, if related to representation of a client, come within the broad net of RI Rule 1.6(a) and, therefore, the attorney has the ethical duty of maintaining its confidentiality.

1.6:450      Client Identity, Whereabouts and Fee Arrangements

In RI Eth. Op. 92-50 (1992), the RI Ethics Advisory Panel declined to rule whether a client's billing records were within the attorney-client privilege. The opinion does state, however, that RI Rule 1.6 requires an attorney to invoke the privilege whenever it becomes appropriate to the situation. When a third party is paying a client's fee, the attorney must disclose this fact. RI Eth. Op. 92-65 (1992). RI Rule 1.8(f) does not, however, require the disclosure of the amount of fee being paid. (As part of the collection effort, a law firm may furnish a collection agency with the name and address of a client and the amount due in accordance with the exception in RI Rule 1.6(b)(2). RI Eth. Op. 94-6 (1994)). A law firm was not permitted to furnish a bank the names of clients, addresses and amounts owed by them in order to grant a security interest in the firm's accounts receivable as security for a loan. RI Eth. Op. 94-42 (1994). When an attorney's client changes addresses, the attorney is not under an obligation to offer to furnish the client's new address to opposing counsel because the information is protected under RI Rule 1.6. If the matter is in litigation, the client's attorney's duty may be otherwise under RI Rule 3.4. An attorney may not provide government agency with an accounts receivable list including client's names. The identity of a client is confidential information and is protected under RI Rule 1.6. RI Eth. Op. 95-61 (1996). RI Eth. Op. 97-19 (1997) again recites that the identity of a client is confidential. Nevertheless, the RI Ethics Advisory Ethics Panel opined that pursuant to exception in RI Rule 1.6(b)(2), an attorney is permitted to reveal, to the extent necessary, information relating to a client's representation in support of attorney's claimed deductions in an IRS proceeding. A lawyer's billing statement is information relating to the representation of a client and is therefore protected by Rule 1.6. RI Eth. Op. 2002-02.

1.6:460      Legal Assistants as Object of Communication

There is no authority in Rhode Island on this topic.

1.6:470      Privilege for Organizational Clients

An attorney who represented the wife in a domestic matter, who formerly represented a corporation controlled by the client's husband, may represent the wife but may not, without the consent of the husband's corporation, reveal any information that was gained through the previous representation of the husband's corporation. The plain meaning of this opinion is that privileged communications apply to corporations. RI Eth. Op. 92-67 (1992). In a situation where an attorney represents a school committee which has suspended its superintendent and the attorney has rendered legal opinions to and given legal assistance to the superintendent, the attorney may discuss the superintendent's performance with an investigator appointed by the school committee since the school committee, not the superintendent, was the attorney's client. Reference is made to RI Rule 1.13, infra. RI Eth. Op. 95-51 (1995).

1.6:475      Privilege for Governmental Clients

In circumstances where an attorney was a former employee of a state agency and leaves the agency, the attorney is bound by RI Rule 1.6. RI Eth. Op. 95-33 (1995).

1.6:480      Privilege of Co-Clients

When an attorney represents multiple defendants in an action brought against them by the administrator of an estate and the attorney representing co-defendants was informed by one of the defendants that she had appropriated funds to her own use, the Attorney may not disclose that information to the co-defendants since the information is protected under RI Rule 1.6. (If the attorney believes a conflict of interest arises under the circumstances of this case, the attorney must withdraw from the representation of all parties). RI Eth. Op. 96-08 (1996).

1.6:490      Common-Interest Arrangements

There is no authority in Rhode Island on this topic.

1.6:495      Duration of Attorney-Client Privilege

The Comment to RI Rule 1.6, stating that a lawyer's "duty of confidentiality continues after the clients/lawyer relationship has terminated," was cited with approval in RI Eth. Op. 93-84 (1993). An attorney has an obligation of confidentiality to the client, which continues after the client's death. RI Eth. Op. 96-34 (1996).

1.6:500   Waiver of Attorney-Client Privilege

• Primary Rhode Island References: RI Rule 1.6
• Background References: ABA Model Rule 1.6, Other Jurisdictions
• Commentary: ABA/BNA § 55:401, ALI-LGL §§ 78-80, Wolfram § 6.4

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

There is no authority in Rhode Island on this topic.

The mere presence of a third party does not per seSee Rosati v. Kuzman, 660 A.2d 263 (R.I. 1995).

1.6:520      Waiver by Subsequent Disclosures

There is no authority in Rhode Island on this topic.

Client did not waive attorney/client privilege by authorizing his attorney to communicate with authorities where client sufficiently specified those confidences he wished to protect. See Rosati v. Kuzman, 660 A.2d 263 (R.I. 1995).

1.6:530      Waiver by Putting Assistance or Communication in Issue

The mere fact that a plaintiff has made a claim for attorneys' fees as part of a claim for damages does not indicate a waiver of the attorney-client privilege. See Mortgage Guarantee & Title Co. v. Fernando S. Cunha, 745 A.2d 156 (R.I. 2000). A party is determined to have waived the attorney client privilege "only when the contents of the legal advice is integral to the outcome of the legal claims of the action." Id., citing Metropolitan Life Insurance Co. v. Aetna Casualty & Surety Co., 730 A.2d 51, 60 (Conn. 1999). Therefore, the determination of whether the attorney-client privilege has been placed in issue such that the information is actually required for truthful resolution of the issues raised in the controversy. See id.

1.6:600   Exceptions to Attorney-Client Privilege

• Primary Rhode Island References: RI Rule 1.6
• Background References: ABA Model Rule 1.6, Other Jurisdictions
• Commentary: ABA/BNA §§ 55:901 et seq., ALI-LGL §§ 81-86, Wolfram §§ 6.4

Attorney-client privilege protects from disclosure only confidential communications between a client and his or her attorney. It does not bar an attorney from testifying regarding his observations of clients' demeanor, his assessment of their knowledge, or his recollection of whether they appeared to be under duress. DeFusco v. Giorgio, 440 A.2d 727 (R.I. 1982). An allegation that attorneys promised their former client that they would fund litigation to prevent the former client from pursuing a malpractice claim against them supported a claim for maintenance. Toste Farm Corp. v. Hadbury, Inc., 798 A.2d 901 (R.I. 2002).

1.6:610      Exception to Disputes Concerning Decedents Disposition of Property

There is no authority in Rhode Island on this topic.

1.6:620      Exception for Client Crime or Fraud

An attorney is not obliged to disclose and may not disclose the fraud of his client (falsely recorded accident) since the information is protected under RI Rule 1.6(a). RI Eth. Op. 93-10 (1993). (RI Rule 1.6(b)(1), allows for an exception "to prevent the client from committing a criminal act that the lawyer believes is likely to result in imminent death or substantially bodily harm.").

1.6:630      Exception for Lawyer Self-Protection

An attorney may furnish a collection agency with the name and address of clients and the amount due in seeking to collect those amounts under exception in RI Rule 1.6(b)(2) permitting such disclosure to establish a claim on behalf of the lawyer. RI Eth. Op. 94-6 (1994).

1.6:640      Exception for Fiduciary-Lawyer Communications

In a case where an attorney represents a guardianship estate in the probate court, the ward of the estate is incompetent, and the attorney discovers a series of unexplained withdrawals from the estate, and the guardian is unable to account for the withdrawals (it appears that the withdrawals were wrongful and/or fraudulent), the attorney may disclose the relevant facts to the ward, and if the ward is incompetent, as in the instant case, disclosure should be made to the probate court. RI Eth. Op. 92-23 (1992). This is a complex opinion based on RI Rules 1.2(d), 3.3, 1.16(a)(1), 1.16(b), 1.14, in addition to 1.6. When an attorney believes that another attorney acting as executor of an estate has diverted funds from the estate, the attorney may not disclose his/her knowledge of the executor's alleged wrong doings. The exceptions in subsection RI Rule 1.6(b) are not applicable. RI Eth. Op. 94-78 (1994). The opinion also referred back to RI Eth. Op. 92-23, supra but without any guidance as to the relation between the two (2) opinions.

1.6:650      Exception for Organizational Fiduciaries

There is no authority in Rhode Island on this topic.

1.6:660      Revoking the Privilege and Its Exceptions

There is no authority in Rhode Island on this topic.

1.6:700   Lawyer Work-Product Immunity

• Primary Rhode Island References: RI Rule 1.6
• Background References: ABA Model Rule 1.6, Other Jurisdictions
• Commentary: ABA/BNA § 91:2201, ALI-LGL §§ 87-93, Wolfram § 6.6

Work-Product Immunity

Pursuant to RI Rule 1.6, an attorney has a duty to invoke the attorney-client privilege and the work product doctrine to protect confidential information. RI Eth. Op. 98-2 (1998).

1.6:720      Ordinary Work Product

Pursuant to RI Rule 1.6, the inquiring attorney has a duty to invoke the attorney-client privilege and the work product doctrine to protect confidential information. RI Eth. Op. 98-02 (1998).

1.6:730      Opinion Work Product

Pursuant to RI Rule 1.6, the inquiring attorney has a duty to invoke the attorney-client privilege and the work product doctrine to protect confidential information. RI Eth. Op. 98-02 (1998).

1.6:740      Invoking Work-Product Immunity and Its Exceptions

Pursuant to RI Rule 1.6, the inquiring attorney has a duty to invoke the attorney-client privilege and the work product doctrine to protect confidential information. RI Eth. Op. 98-02 (1998).

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

There is no authority in Rhode Island on this topic.

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

There is no authority in Rhode Island on this topic.

1.6:770      Exception for Crime or Fraud

There is no authority in Rhode Island on this topic.