May a lawyer reveal former-client information to establish the lawyer’s claim in the former client’s bankruptcy?

Plain-English summary

The lawyer wanted to use information received during a former client’s representation in a bankruptcy dispute over a judgment debt. The opinion applies Rule 4-1.6(b)(3), which permits disclosure of representation information to establish a claim on the lawyer’s behalf in the bankruptcy matter.

If the lawyer is entitled to a fee, the opinion says the rule also permits proof of services in an action to collect it. The disclosure must be limited to what the lawyer reasonably believes necessary to establish the claim, with protective measures to restrict what is revealed.

In practice

For the claim described, the opinion permits only the representation information reasonably believed necessary for the lawyer’s claim. It calls for protective measures to limit disclosure.

Common questions

Q: Does Rule 4-1.6(b)(3) allow the lawyer to establish a personal claim?

A: Yes. The opinion applies that exception to the lawyer’s bankruptcy claim.

Q: Can the lawyer disclose all former-client information?

A: No. The opinion limits disclosure to what is reasonably believed necessary and calls for protective measures.

Q: May services be proved in an action to collect an earned fee?

A: Yes, if the lawyer is entitled to a fee; the opinion cites Comment [9].

Background and rules framework

Rule 4-1.6(b)(3) permits disclosure to establish the lawyer’s claim. Comments [9] and [12] address fee proof and protective limits.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-1.6(b)(3) and Comments [9] and [12]

See also

• Missouri Informal Op. 2014-01: Attorney Lien and Fees
• Missouri Informal Op. 2026-10: Fee Claim and Confidentiality

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/2013-02/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Question: May Attorney reveal information received from Former Client in the course of Attorney’s representation of Former Client for the purpose of opposing the bankruptcy discharge of Former Client’s judgment debts for services rendered to Attorney?

Answer: Pursuant to Rule 4–1.6(b)(3), Attorney may reveal information related to the representation of Former Client to establish a claim on behalf of Attorney in the bankruptcy matter. If Attorney is entitled to a fee, the rule also permits Attorney to prove services rendered in an action to collect the fee, as described in Comment [9]. Any disclosure of information related to the representation must be protected and made only to the extent Attorney reasonably believes necessary to establish the claim. Protective measures should be used to limit the information revealed, as described in Comment [12].