QUESTION: Attorney is negotiating with a law firm for future employment. May Attorney make limited disclosure of a client’s confidential information in order to check for conflicts of interest?

ANSWER: Lawyers have an ethical obligation to protect against conflicts of interest. See Rules 4 dash–1.7 and 4 dash–1.9. Rule 4 dash–1.6(b)(5) permits Attorney to reveal information relating to the representation of a client for the limited purpose of detecting and resolving conflicts of interest arising from Attorney’s change of employment, but only if doing so would not compromise the attorney-client privilege or otherwise prejudice the client. Whether the attorney-client privilege would be compromised is a question of law outside the scope of the Rules of Professional Conduct. See Rule 4 dash–1.6, Comment [3]. A disclosure pursuant to Rule 4 dash–1.6(b)(5) should not be made until substantive discussions about the new relationship have occurred. Rule 4 dash–1.6, Comment [18]. Ordinarily, any such disclosure should be limited to “the identity of the persons and entities involved in a matter, a brief summary of the general issues involved, and information about whether the matter has terminated.” Rule 4 dash–1.6, Comment [18]. Information disclosed may be used or further disclosed only to the extent necessary to detect and resolve conflicts of interest. Rule 4 dash–1.6, Comment [19]. 

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