Informal Opinion Number: 2013-02

Rules: 4-1.6
Client-Lawyer Relationship
Confidentiality of Information
Subject: Confidentiality; Fees - Generally
Summary: establishing claim on behalf of lawyer for fees

Question: May Attorney reveal information received from Former Client in the course of Attorney’s representation of Former Client for the purpose of opposing the bankruptcy discharge of Former Client’s judgment debts for services rendered to Attorney?
Answer: Pursuant to Rule 4-1.6(b)(3), Attorney may reveal information related to the representation of Former Client to establish a claim on behalf of Attorney in the bankruptcy matter. If Attorney is entitled to a fee, the rule also permits Attorney to prove services rendered in an action to collect the fee, as described in Comment [9]. Any disclosure of information related to the representation must be protected and made only to the extent Attorney reasonably believes necessary to establish the claim. Protective measures should be used to limit the information revealed, as described in Comment [12].

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.

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