The American Bar Association Standing Committee on Ethics and Professional Responsibility released a formal opinion that provides guidance for disclosure and confidentiality rules when a lawyer moves to withdraw from a representation under Rule 1.16.
Formal Opinion 519 says a lawyer’s disclosure to the court in a motion to withdraw is limited by the broad duty of confidentiality in Rule 1.6(a). Unless an explicit exception applies or the client provides informed consent, the lawyer may not reveal “information relating to the representation” in support of a withdrawal motion. Any information shared must be narrowly tailored and protect the client's interests. If the client does not consent to this disclosure, the lawyer should first submit a motion that minimally explains the need to withdraw without detailing confidential information. If the court seeks further information, a lawyer should seek to persuade the court to rule on the motion without requiring the disclosure of confidential client information. If a court orders the lawyer to disclose information, a lawyer should only to the extent “reasonably necessary” submit information to satisfy the needs of the court, such as in camera review, under seal.
A lawyer must prioritize maintaining client confidentiality, even if it means a request to withdraw could be denied.
In specific cases, lawyers can share non-confidential personal information, such as health issues. Also, a lawyer might receive consent from the client allowing for some disclosure. In rare situations where no exceptions apply, and the court denies the withdrawal, lawyers must still keep the client’s information confidential.
For information, visit www.americanbar.org/groups/professional_responsibility/publications/ethics_opinions.
Formal Opinion 519 says a lawyer’s disclosure to the court in a motion to withdraw is limited by the broad duty of confidentiality in Rule 1.6(a). Unless an explicit exception applies or the client provides informed consent, the lawyer may not reveal “information relating to the representation” in support of a withdrawal motion. Any information shared must be narrowly tailored and protect the client's interests. If the client does not consent to this disclosure, the lawyer should first submit a motion that minimally explains the need to withdraw without detailing confidential information. If the court seeks further information, a lawyer should seek to persuade the court to rule on the motion without requiring the disclosure of confidential client information. If a court orders the lawyer to disclose information, a lawyer should only to the extent “reasonably necessary” submit information to satisfy the needs of the court, such as in camera review, under seal.
A lawyer must prioritize maintaining client confidentiality, even if it means a request to withdraw could be denied.
In specific cases, lawyers can share non-confidential personal information, such as health issues. Also, a lawyer might receive consent from the client allowing for some disclosure. In rare situations where no exceptions apply, and the court denies the withdrawal, lawyers must still keep the client’s information confidential.
For information, visit www.americanbar.org/groups/professional_responsibility/publications/ethics_opinions.
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