Model Rules of Professional Conduct, Rule 1.6 [1983]

Model Rules of Professional Conduct Rule 1.6 · American Bar Association · United States

Professional Responsibility/Legal Ethicslegal-ethicsProfessional Responsibility/Legal EthicsConfidentiality of Information

Issue

When may a lawyer disclose confidential information without the client's consent?

Held

A lawyer may reveal information to prevent reasonably certain death or substantial bodily harm or to prevent the client from committing a crime or fraud that is likely to result in substantial financial loss.

Exam use

In an exam, introduce Model Rules of Professional Conduct, Rule 1.6 with the citation only if you can remember it accurately; otherwise use the case name and court, then focus on the rule and application. A strong answer should say what Model Rules of Professional Conduct, Rule 1.6 decided, why the facts mattered, and how the authority helps resolve the new facts. Avoid treating the case as a decorative reference. Use it to prove a doctrinal step in Confidentiality of Information, then move quickly to analysis.

Summary

Model Rules of Professional Conduct, Rule 1.6 is included in the Professional Responsibility/Legal Ethics case database because it gives students a concrete authority for Confidentiality of Information. The reported citation is Model Rules of Professional Conduct Rule 1.6, and the decision is associated with American Bar Association. In revision, treat the case as a way to connect the legal issue to a real dispute rather than as an abstract rule. The key exam move is to state the holding, identify the fact pattern that made the rule matter, and then decide whether a new problem question should apply, distinguish, or limit the authority.

Facts

The material factual signal for Model Rules of Professional Conduct, Rule 1.6 is: A lawyer receives information from a client that the client intends to commit a future crime. Students should read the linked source and turn that signal into a short fact table: parties, transaction or public-law setting, procedural posture, conduct in dispute, and the fact the court treated as decisive. This prevents vague case-dropping. In an answer on Professional Responsibility/Legal Ethics, use the facts to explain why Confidentiality of Information was live, then compare the problem facts against the facts in the case before stating any conclusion.

Procedural History

Model Rules of Professional Conduct, Rule 1.6 is reported as a decision of American Bar Association. The procedural route should be checked against the linked source before formal citation. For study notes, record whether the decision was an appeal, judicial review, trial judgment, tribunal ruling, or constitutional/application proceeding, because that posture affects how confidently the rule can be used.

Issue

When may a lawyer disclose confidential information without the client's consent?

Held

A lawyer may reveal information to prevent reasonably certain death or substantial bodily harm or to prevent the client from committing a crime or fraud that is likely to result in substantial financial loss.

Ratio Decidendi

A lawyer must protect confidential information but may disclose it to prevent future harm or to comply with other law.

Obiter Dicta

Check the linked source for concurring, dissenting, or obiter observations before quoting this case. If the case includes non-binding reasoning, use it as persuasive support rather than as the core rule.

Reasoning

For reasoning, start with the ratio: A lawyer must protect confidential information but may disclose it to prevent future harm or to comply with other law. Then read the source and separate three things: the legal test, the facts used to apply that test, and any policy or institutional reason the court gave. This structure makes Model Rules of Professional Conduct, Rule 1.6 easier to use in essays and problem questions. In Professional Responsibility/Legal Ethics, the case should be compared with related authorities on Confidentiality of Information; if the jurisdiction, statute, or procedural posture differs from the exam problem, explain that limit explicitly instead of treating the authority as automatic.

Plain-English Explanation

Plainly, Model Rules of Professional Conduct, Rule 1.6 is a case to use when a Professional Responsibility/Legal Ethics answer needs an authority on Confidentiality of Information. Do not just list it. Explain the problem the court had to solve, the rule or holding it used, and the fact that made the result persuasive. That turns the case from a memorised name into evidence for your legal analysis.

Essay-Ready Explanation Generator

Version 1 of 4

Reference to Model Rules of Professional Conduct, Rule 1.6 (Model Rules of Professional Conduct Rule 1.6) strengthens a Professional Responsibility/Legal Ethics answer because the case reflects the principle that A lawyer must protect confidential information but may disclose it to prevent future harm or to comply with other law. Applied to a problem question, the case should be used after identifying the issue as When may a lawyer disclose confidential information without the client's consent? The stronger essay move is to connect the material facts to the court's holding, then explain whether the present facts support the same conclusion or justify distinguishing the authority.

Underlying Concepts

  • legal-ethics
  • Professional Responsibility/Legal Ethics
  • Confidentiality of Information
  • case authority
  • exam application

Key Passages

  • Verify exact wording in the linked source before quoting.

Significance

Model Rules of Professional Conduct, Rule 1.6 is significant for LawConquer users because it supplies a named authority for Confidentiality of Information in Professional Responsibility/Legal Ethics. The case can anchor a paragraph, support a rule statement, or provide a contrast point when another authority points the other way. Its practical value is strongest when the student links the holding to the material facts and then explains whether the present problem is analogous or distinguishable.

Related Cases

No related cases listed.

Exam Tips

In an exam, introduce Model Rules of Professional Conduct, Rule 1.6 with the citation only if you can remember it accurately; otherwise use the case name and court, then focus on the rule and application. A strong answer should say what Model Rules of Professional Conduct, Rule 1.6 decided, why the facts mattered, and how the authority helps resolve the new facts. Avoid treating the case as a decorative reference. Use it to prove a doctrinal step in Confidentiality of Information, then move quickly to analysis.

Revision Checklist

  • Name the issue before discussing facts so the marker sees the legal question immediately.
  • State the holding in one sentence, then use the ratio to explain why the court reached that result.
  • Use the citation and jurisdiction to show why this authority matters for the problem you are answering.
  • Pair this case with one supporting or contrasting authority if the question tests limits, policy, or exceptions.

Problem Question Use

Use Model Rules of Professional Conduct, Rule 1.6 in a problem question by matching the factual trigger to the new scenario. If the fact pattern aligns with A lawyer receives information from a client that the client intends to commit a future crime., apply the ratio and explain the likely result. If a crucial fact, jurisdiction, statute, or procedural posture differs, distinguish the case and use it as a boundary rather than a controlling answer.

Common Pitfalls

  • Name-dropping the case without applying the facts
  • Ignoring jurisdiction or procedural posture
  • Quoting without checking the linked source

Sources