26.3 - B. Attorney-Client Privilege And Rules Of Professional Responsibility

• Jurisdiction: New York

B. Attorney-Client Privilege and Rules of Professional Responsibility

The attorney-client privilege is also a bedrock principle laid out in the rules of professional conduct. Rule 1.6(a) of the ABA Model Rules “Confidentiality of Information” requires that attorneys “not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b) [of this rule].” In New York, Rule 1.6 of the Rules of Professional Conduct (N.Y. Rules) states:

Rule 1.6 Confidentiality of Information.

(a) A lawyer shall not knowingly reveal confidential information, as defined in this Rule, or use such information to the disadvantage of a client or for the advantage of the lawyer or a third person, unless:

(1) the client gives informed consent, as defined in Rule 1.0(j);

(2) the disclosure is impliedly authorized to advance the best interests of the client and is either reasonable under the circumstances or customary in the professional community; or

(3) the disclosure is permitted by paragraph (b).

“Confidential information” consists of information gained during or relating to the representation of a client, whatever its source, that is (a)

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