Practicing With Professionalism - South Carolina Bar Association

II.
During the Attorney-Client Relationship
A. An attorney must maintain confidentiality of all infonnation relating to the
representation of the client to promote full communication by the client with
the attorney. Colo. RPC 1.6:
1. An attorney may reveal infonnation concerning· the client only after full
disclosure to the client and with the client's consent:
a. People v. Lopez, 845 P.2d 1153 (Colo. 1993). (An attorney revealed
client documents, including admissions, to the district attorney
without the client's authority and without infonning the client until
after the fact.) (public censure);
b. People v. Smith, 778 P.2d 685 (Colo. 1989), (Attorney, a cocaine
user, agreed to work under cover for the Colorado Bureau of
Investigation and brought about the arrest of a fonner client by
telephone calls to the client to arrange a sale of cocaine.)
(suspension, two years).
c. Some limited exceptions exist to the attorney's duty not to reveal
client confidences:
(1) An attorney may reveal the client's intention to commit a
crime and sufficient infonnation to prevent the crime. Colo.
RPC 1.6(b):
(a)
(b)
(c)
An attorney must not knowingly counselor assist a client
in criminal or fraudulent conduct. Colo. RPC 1.2(d);
An attorney has a duty not to use evidence known to be
false. Colo. RPC 3.3(a)(4); and
An attorney's exercise of discretion regarding these
disclosures should follow practical efforts to dissuade the
clientfrom wrongful conduct.
(2) To the extent reasonably necessary, an attorney may reveal
infonnation to establish a defense in a controversy with the
client, involving the client, or involving the attorney's
representation ofthe,client. Colo. RPCL6(c)..
2. Where conflicts raise a question of disqualification of an attorney, a
presumption arises that client confidences are in possession of the
attorney where a previous attorney-client relationship existed:
Professionalism CLE (2004)