Question: May Attorney, a federal officer or employee, disclose client names on a public financial disclosure form which requires Attorney to list payments to Attorney exceeding a particular sum, and the names of those making the payments, in the two years prior to Attorney’s appointment as a federal officer or employee, where the information would include the names of clients and information about clients’ legal fees?
Answer: The name of a client, and the fact that the client’s legal fee exceeds a particular sum, are confidential under Rule 4 dash–1.6 as information related to the representation.  Attorney may not disclose the information without the client’s informed consent or if Attorney is complying with “other law or a court order.” Rule 4 dash–1.6(b)(4).  Whether other law requires disclosure and whether it supersedes Rule 4 dash–1.6 are matters of law outside the scope of the Rules of Professional Conduct, as explained in Comment [10].  If other law appears to require disclosure, Attorney must discuss the matter with the client to the extent required by Rule 4 dash–1.4.  If a court, other tribunal, or governmental body claiming authority pursuant to other law orders disclosure, Attorney must assert on behalf of the client all nonfrivolous claims that the order is not authorized by law or that other applicable law protects the information.  Rule 4 dash–1.6, Comment [12].  If other law does authorize disclosure, the disclosure may only be made to the extent reasonable necessary to comply with the applicable law.  The duty of confidentiality continues after the client-lawyer relationship has ended.  Comment [17], citing Rule 4 dash–1.9(c).

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