May a Connecticut lawyer allow a title insurer to audit the firm's real-estate IOLTA account, bank statements, and files for transactions insured by that company?

Short answer Yes. Disclosure for the insured transactions is impliedly authorized, but information involving other title insurers must be redacted, and client identities may be masked with initials or numbers.
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CTBAR
Issued
September 26, 2011

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This page answers the general question as of 2011. Ask about yours and see what the current Connecticut Rules of Professional Conduct say for your facts, with citations.

Currency note: this opinion is from 2011
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A title insurer proposed auditing a firm's real-estate IOLTA account, its bank statements, and six real-estate files for which the insurer had issued policies. The question was whether disclosure during the audit violated Rule 1.6(a).

The Committee concluded that clients in the insured transactions impliedly authorized disclosure to the title insurer as needed to carry out the representation. Providing that information therefore does not violate Rule 1.6.

The account may also contain information about transactions covered by other title insurers. That unrelated information must be redacted before disclosure.

If client identity remains a concern, the lawyer may provide initials or assign a number and disclose only that number. The opinion notes that the insurer permitted redaction and that prior Connecticut guidance recommended a similar method for an Internal Revenue Service audit.

In practice

Under this opinion, implied authorization is limited to information connected with the requesting insurer's transactions. The lawyer must separate or mask unrelated client and transaction information in the shared account records.

Common questions

Q: Does the audit violate Rule 1.6?

A: No, because disclosure concerning the insurer's own transactions is impliedly authorized to carry out the representation.

Q: May the insurer see transactions involving other title companies?

A: No. The opinion says that information should be redacted.

Q: May the lawyer conceal client names?

A: Yes. Initials or assigned numbers may be used when identity remains a concern.

Q: What records did the opinion address?

A: The real-estate IOLTA account, its bank statements, and a subset of files for transactions insured by the auditing company.

Background and rules framework

Rule 1.6(a) permits disclosure of representation information with informed consent or when impliedly authorized to carry out the representation.

Citations and references

Connecticut Rules of Professional Conduct:

  • Rule 1.6(a)

Other opinions cited:

  • Connecticut Informal Opinion 81-3, masking client identity during an IRS audit

See also

Source

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