11.06. Exceptions to the Duty of Confidentiality [Rule 1.6(b)]

Although you should start with the presumption that “the public interest is usually served by a strict rule requiring lawyer to preserve the confidentiality of information relating to the representation of their clients” there are “limited” exceptions.[1]  In these situations, the decision has been made that the interests protected in the exceptions are more important than the interest in maintaining client confidentiality.  Note, however, the ABA rules make none of these disclosures mandatory.  The Rule uses the word “may” and therefore a lawyer will not be disciplined for failing to reveal information even if it fits into an exception.

[1] ABA Rule 1.6, Comment [6].