940020 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 940020

Rules: 1.6

Client-Lawyer Relationship

Confidentiality of Information

QUESTION: Attorney represented a criminal defendant who was found not guilty by reason of insanity. Attorney no longer represents this person. The former client continues to contact Attorney and, based on past actions, Attorney believes these communications indicate that the former client is still dangerous and, possibly, dangerous to Attorney. The former client is in a mental health institution. May Attorney disclose this information to the mental health personnel? ANSWER: Even though the person is a former client, these circumstances give rise to an obligation of confidentiality under Rule 4 dash–1.6. However, Rule 4 dash–1.6(b)(1) allows Attorney to disclose that information Attorney reasonably believes is necessary to prevent this person from committing a criminal act that “is likely to result in imminent death or substantial bodily harm.”

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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