A prepaid legal services organization that insures my client wants a document I prepared for that client. Can I release it?

Plain-English summary

An attorney asked the panel whether it was permissible to release certain confidential information sought by an organization that provides prepaid legal services, where the information belonged to an individual who was the attorney's client but the organization's insured.

The panel quoted DR 4-101(C)(1), which provides that a lawyer may reveal confidences or secrets with the consent of the client, but only after full disclosure to the client. Applying that rule, the panel took the position that releasing a document prepared for a client who subscribes to the prepaid legal services provider is proper where the client has authorized the release after full disclosure of exactly what is to be released and to whom.

Currency note

This opinion was issued in 1988, before the Rhode Island Supreme Court's adoption of the 2007 revisions to the Rules of Professional Conduct, and it applies the ABA Model Code of Professional Responsibility's Disciplinary Rules then in effect. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can I send a client's file or documents to the prepaid legal plan that covers them?

A: Yes, according to this opinion, but only with the client's consent given after full disclosure of exactly what will be released and to whom, per DR 4-101(C)(1).

Q: Is a general authorization from the client enough, or does the client need to know specifics?

A: The opinion requires full disclosure of exactly what is to be released and to whom before the client's consent will support release.

Background and rules framework

The opinion applies DR 4-101(C)(1) of the ABA Model Code of Professional Responsibility, then in force in Rhode Island, which permits a lawyer to reveal client confidences or secrets with the client's consent, given only after full disclosure to the client.

Citations and references

Rules of Professional Conduct:

• RI DR 4-101(C)(1) (revealing confidences or secrets with client consent after full disclosure)

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

No sibling opinions yet indexed.

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2088-09.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

DIGEST OF ETHICS ADVISORY PANEL
Opinion #88-9, Request #12
ISSUED MAY 13, 1988

An attorney seeks Panel advice as to whether it is permissible under the Code of Professional Responsibility for him to release certain confidential information. This information is sought by an organization providing pre-paid legal services; it is information which belongs to an individual who is the attorney's client but the organization's insured.

Disciplinary Rule 4-101(C)(1) provides in pertinent part that

"[a] lawyer may reveal: (1) confidences or secrets with the consent of the client . . . but only after a full disclosure to them."

The Panel takes the position that release of a document to the prepaid legal services provider which was prepared for a client who subscribes to the provider is proper where the client has authorized the release after full disclosure of exactly what is to be released and to whom.

Ethics Advisory Panel advice is protective in nature. There is no requirement that an attorney abide by a Panel opinion, but if he or she does, he or she is fully protected from any charge of impropriety.