Variations on the Rules of Professional Conduct to Protect Third Persons

Of all the rules of professional conduct, the exceptions to confidentiality are the most controversial. Most states have some variations on Rule 1.6 - Only Delaware and Louisiana have adopted the 2003 version of Model Rule 1.6 verbatim. Here are some variations from nearby jurisdictions:

Missouri Rules of Professional Conduct, Mo. Sup. Ct. Rule 4-1.6(b)

(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:
(1) to prevent death or substantial bodily harm that is reasonably certain to occur;

(This is the very similar to the current Model Rule 1.6(b)(1) – there is no equivalent to 1.6(b)(2)or (3))

Kansas Rules of Professional Conduct, Ks. Sup. Ct. Rule 1.6(b)

A lawyer may reveal such information to the extent the lawyer reasonably believes necessary:
(1) To prevent the client from committing a crime…

(This is the same as the 1983 ABA Code of Professional Responsibility. There are no other exceptions to prevent harm to third persons)

Nebraska Rules of Professional Conduct, Neb. Sup. Ct. Rule § 3-501.6

(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:
(1) to prevent the client from committing a crime or to prevent reasonably certain death or substantial bodily harm;

(Note that this combines the Kansas and Missouri Variations – there are no other 3rd party protections)

Iowa Rules of Professional Conduct, Iowa Sup. Ct. Rule 32:1.6

In addition to the language of Model Rule 1.6(b)(1)-(6), Iowa includes this provision:

(c) A lawyer shall reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary to prevent imminent death or substantial bodily harm.

Illinois Rules of Professional Conduct, Ill. Sup. Ct. Rule 1.6

a) Except when required under Rule 1.6(b) or permitted under Rule 1.6(c), a lawyer shall not, during or after termination of the professional relationship with the client, use or reveal a confidence or secret of the client known to the lawyer unless the client consents after disclosure.

(b) A lawyer shall reveal information about a client to the extent it appears necessary to prevent the client from committing an act that would result in death or serious bodily harm.

(c) A lawyer may use or reveal: …
(2) the intention of a client to commit a crime in circumstances other than those enumerated in Rule 1.6(b) …

(Notice the narrower scope of confidentiality (“confidences & secrets”) This is the version from the ABA Code of Professional Responsibility.)

Tennessee Rules of Professional Conduct, Tenn. Sup. Ct. Rule 1.6 (amendments are currently under consideration)

(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes disclosure is necessary:
(1) to prevent the client or another person from committing a crime,
including a crime that is reasonably certain to result in substantial injury to
the financial interest or property of another, unless disclosure is prohibited
or restricted by Rule 3.3 …
(c) A lawyer shall reveal information relating to the representation of a client to the extent the lawyer reasonably believes disclosure is necessary:
(1) to prevent reasonably certain death or substantial bodily harm ...

(The exception for Rule 3.3 relates to the attorney’s knowledge of a client’s perjury, which in Nebraska an attorney may not reveal to the court without the client’s agreement.)

Arkansas Rules of Professional Conduct, Ak. Sup. Ct. Rule 1.6

(b) A lawyer may reveal such information to the extent the lawyer reasonably believes necessary:

(1) to prevent the commission of a criminal act;

(2) to prevent the client from committing a fraud that is reasonably certain to result in injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer's services;

(3) to prevent, mitigate or rectify injury to the financial interest or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the lawyer's services; …