A judge told all lawyers we must inform the court if a client leaves a court-ordered program. Would disclosing that violate my duty of confidentiality?

Plain-English summary

The inquiring attorney asked whether an attorney, as an officer of the court, has a duty to notify the tribunal if a client leaves a court-ordered program without court permission. The attorney had heard a judge direct all lawyers that it was their duty as officers of the court to inform the tribunal of this information.

The panel began with the fundamental principle that the lawyer must maintain the confidentiality of information relating to the representation of the client under Rule 1.6, but noted that the rule is subject to certain limitations. One limitation is that a lawyer must comply with the final order of a court of competent jurisdiction requiring the lawyer to give information about the client (see the comments to Rule 1.6). The panel concluded that the attorney would not violate Rule 1.6 if the attorney complied with a court order that required this type of disclosure.

The panel declined to render an opinion on whether the client's absence from the court-ordered program constituted a future or continuing crime, because that question required resolution of substantive law outside the area of the Rules of Professional Conduct.

Currency note

This opinion was issued in 1992, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rule 1.6 as originally adopted. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which renumbered and amended several provisions, including the confidentiality rule and its exceptions. 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 Treat this page as historical context, not current guidance.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 mentioned here.

Common questions

Q: Does a judge's general directive require me to disclose the client's absence?

A: Per the opinion, the panel did not treat the judge's oral directive as itself compelling disclosure; it addressed compliance with a final court order requiring the lawyer to give information.

Q: Would complying with such a court order violate confidentiality?

A: Per the opinion, no. The attorney would not violate Rule 1.6 by disclosing the information in compliance with a final order of a court of competent jurisdiction requiring it.

Q: Did the panel decide whether the client committed a crime?

A: Per the opinion, no. The panel declined to opine on whether the client's absence was a future or continuing crime, because that required resolving substantive law outside the Rules of Professional Conduct.

Background and rules framework

The opinion applies Rhode Island Rule 1.6 (confidentiality of information) and its comments, corresponding to Model Rule 1.6. The rule protects information relating to the representation but yields to a final court order compelling disclosure. The panel framed compliance with such an order as permitted, and kept to the ethics question rather than the underlying criminal-law question.

Citations and references

Rules of Professional Conduct:

• MR 1.6 (confidentiality of information)
• RI RPC 1.6

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 92-01: Confidentiality and Reporting Another Lawyer's Misconduct
• RI EAP Op. 91-39: An Attorney Must Disclose an Adverse Change in Criminal Law to the Court

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%2092-07.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 #92-7, Request #213
Issued May 20, 1992

An attorney seeks Panel advice as to whether an attorney, as an officer of the court, has a duty to notify the tribunal if a client leaves a court-ordered program without court permission. The attorney heard a judge direct all lawyers that it was their duty as officers of the court to inform the tribunal of this information.

A fundamental principle in the client-lawyer relationship is that the lawyer maintain confidentiality of information relating to the representation of the client. Rule 1.6 of the R.I. Rules of Professional Conduct. This same rule is subject to certain limitations. One limitation provides that a lawyer must comply with the final order of a court of competent jurisdiction requiring the lawyer to give information about the client. (See Comments to Rule 1.6). The Panel concluded that the attorney would not violate Rule 1.6 if the attorney complied with a court order which required this type of disclosure.

The Panel declined to render an opinion regarding whether the client's absence from a court-ordered program constituted a future or continuing crime because the opinion required resolution of substantive law outside the area of the Rules of Professional Conduct.