My client gave me documents from a spouse's computer that allegedly show wrongdoing. The couple reconciled and wants them destroyed, but a government agency wants them. What are my obligations?

Plain-English summary

The inquiring attorney had been retained by a client in a domestic relations matter. The client had provided the attorney documents from the client's spouse's computer that allegedly contained incriminating evidence. The couple then reconciled and asked the attorney to destroy the computer documents, while a government employee asked the attorney to deliver the information in those documents to a government agency. The attorney sought the panel's advice on these obligations.

The panel applied Rule 1.6. Rule 1.6(a) bars a lawyer from revealing information relating to the representation of a client without the client's consent, subject to exceptions, and Rule 1.6(b) permits, but does not require, disclosure to the extent the lawyer reasonably believes necessary to prevent a client's criminal act likely to result in imminent death or substantial bodily harm, or to establish a claim or defense for the lawyer. The panel noted that whether imminent death or substantial bodily harm exists rests on the attorney's professional judgment, quoting the comment's direction to consider the nature of the lawyer's relationship with the client and with those who might be injured. On the facts, the panel advised that if the attorney reasonably believed the client's actions were likely to result in imminent death or substantial bodily harm to another, the attorney may disclose the file's contents to the appropriate authorities. As to the file, the client was entitled to it under Rule 1.17(d), though the attorney may retain a copy.

Currency note

This opinion was issued in 1995, 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 broadened the Rule 1.6 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 Treat this page as historical context, not current guidance.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: Can a lawyer turn a client's documents over to the government on request?

A: The opinion concluded that Rule 1.6 bars disclosure without consent, so the lawyer may reveal the documents to authorities only within the rule's exceptions, not simply because a government employee requests them.

Q: When may the lawyer disclose the documents' contents?

A: The opinion advised that if the attorney reasonably believes the client's actions are likely to result in imminent death or substantial bodily harm to another, the attorney may disclose the file's contents to the appropriate authorities.

Q: Who is entitled to the file, and can the lawyer keep a copy?

A: The opinion stated the client is entitled to the file under Rule 1.17(d), and the attorney may retain a copy.

Background and rules framework

The opinion applied Rhode Island Rule of Professional Conduct 1.6 (Model Rule 1.6). Rule 1.6(a) bars revealing information relating to the representation absent consent; Rule 1.6(b) permits discretionary disclosure to prevent a client's criminal act likely to cause imminent death or substantial bodily harm, or for the lawyer's self-defense. The panel emphasized that the imminent-harm determination is a matter of the lawyer's professional judgment, guided by the comment, and addressed the client's entitlement to the file under Rule 1.17(d) with the lawyer's right to keep a copy.

Citations and references

Rules of Professional Conduct:

• Model Rule 1.6 / RI RPC 1.6(a), 1.6(b) (confidentiality of information; discretionary disclosure)
• RI RPC 1.17(d) (client's entitlement to the file; lawyer may retain a copy, as numbered at the time)

See also

• RI EAP Op. 98-12: Reporting a client threat against the lawyer
• RI EAP Op. 97-15: Testifying that a forged letter was not the lawyer's

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%2095-04.pdf

Original opinion text

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

FINAL

ETHICS ADVISORY PANEL
OPINION # 95-4, REQUEST # 562
Issued March 6, 1995

The inquiring attorney was retained by a client in a domestic relations matter. The client provided to the inquiring attorney documents from the client's spouse's computer which allegedly contained incriminating evidence. The couple has reconciled and requested that the inquiring attorney destroy the computer documents. A government employee has requested that the inquiring attorney deliver to the government agency the information contained in the computer documents. The inquiring attorney seeks the Panel's advice regarding his/her obligations in this matter.

Rule 1.6 entitled "Confidentiality of Information" states the following:

(a) A lawyer shall not reveal information relating to representation of a client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraph (b).

(b) A lawyer may, but is not obligated to, reveal such information to the extent the lawyer reasonably believes necessary:

(1) to prevent the client from
committing a criminal act that the
lawyer believes is likely to
result in imminent death or
substantial bodily harm; or

(2) to establish a claim or
defense on behalf of the lawyer in
a controversy between the lawyer
and the client, to establish a
defense to a criminal charge or
civil claim against the lawyer
based upon conduct in which the
client was involved, or to respond
to allegations in any proceeding
concerning the lawyer's
representation of the client.

FINAL

95-4 - # 562

Rule 1.6 (a) prohibits an attorney from revealing information about a client that relates to representation of that client, unless the client consents. Rule 1.6(b) delineates permissive disclosure of confidential information to prospective conduct: (1) where there is a belief that a client intends to commit a crime likely to result in imminent death or substantial bodily harm or (2) to establish a defense to a criminal or civil charge. The determination as to whether imminent death or substantial bodily harm exists rests on the attorney's professional judgment. The comments to Rule 1.6 provide: "The lawyer's exercise of discretion requires consideration of such factors as the nature of the lawyer's relationship with the client and with those who might be injured by the client .. ."

Based upon the facts provided to the Panel, if the inquiring attorney reasonably believes that the client's actions are likely to result in imminent death or substantial bodily harm to another, then the attorney may disclose the file's contents to the appropriate authorities.

With regard to the file, the client is entitled to his/her file pursuant to Rule 1.17(d). However, the attorney may retain a copy of the file.