Question: Pursuant to Rule 4-1.6(b)(3), may Attorney disclose information related to Attorney’s representation of Former Client without Former Client’s consent, where disclosure is necessary to establish proof of a claim on behalf of Attorney in an action by Attorney against Former Client?
Answer: Rule 4-1.6(b)(3) permits limited disclosure of information otherwise protected by Rule 4-1.6 to the extent necessary to establish a claim, but only where disclosure adverse to the client’s interest is no greater than necessary to accomplish the purpose and the disclosure is made with appropriate safeguards, as described in Comment [12] to Rule 4-1.6.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

To request an Informal Opinion, please visit: https://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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