A government agency I'm dealing with on a personal matter wants my accounts-receivable list, including client names, to assess my finances and target property for a lien. Can I hand it over?

Plain-English summary

The inquiring attorney was engaged in discussions with a governmental agency regarding personal matters. The government agent requested a list of the attorney's accounts receivable, both to assess the attorney's financial position and to identify property on which to place a lien if no settlement was reached. The attorney asked whether he or she could provide the agency with an accounts-receivable list that included client names.

The panel applied Rule 1.6 (Confidentiality of Information), which bars a lawyer from revealing information relating to the representation of a client unless the client consents after consultation, subject to the limited exceptions in Rule 1.6(b).

The panel concluded that the identity of a client is confidential information protected under Rule 1.6, and that a lawyer cannot reveal information relating to the representation of a client without the client's consent. To comply with the agent's request, the panel stated, the attorney must acquire the informed consent of every client on the list.

Currency note

This opinion was issued in 1996, 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. 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 Treat this page as historical context, not current guidance.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: Is a client's identity confidential?

A: Under this opinion, yes. The panel stated that the identity of a client is confidential information protected under Rule 1.6.

Q: Can a lawyer give an accounts-receivable list with client names to a government agency?

A: The panel concluded the attorney may not do so unless he or she acquires the informed consent of every client whose name appears on the list.

Q: Does the lawyer's own dispute with the agency create an exception?

A: The opinion resolved the inquiry under Rule 1.6's general bar and its consent requirement; the panel did not find the agency's request excused the confidentiality duty, requiring each client's informed consent instead.

Background and rules framework

The opinion applies Rule 1.6 (Confidentiality of Information), corresponding to Model Rule 1.6. The panel quoted Rule 1.6(a)'s general prohibition on revealing information relating to a representation without the client's consent and Rule 1.6(b)'s narrow permissive exceptions. Treating client identity as protected information, the panel concluded that disclosing the accounts-receivable list required the informed consent of every client named.

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. 95-26: Confidentiality Despite Unpaid Fee
• RI EAP Op. 95-19: Volunteering a Client's Address
• RI EAP Op. 95-04: Disclosing a Client's Documents

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%2095-61.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 95-61, - REQUEST # 638
ISSUED - JANUARY 11, 1996

FACTS:

The inquiring attorney is presently engaged in discussions with a governmental agency regarding personal matters. The government agent requested a list of the inquiring attorney's accounts receivable both for the purpose of assessing the inquiring attorney's financial position and for the purpose of identifying property on which to place a lien if no settlement is reached.

ISSUE PRESENTED:

Can the inquiring attorney provide the government agency with an accounts receivable list including client names?

OPINION:
No, unless every client consents.

REASONING:

Rule 1.6 entitled "Confidentiality of Information" provides the following in pertinent part:

(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.

The identity of a client is confidential information and is protected under Rule 1.6. The Rules state that a lawyer cannot reveal information relating to the representation of a client unless the client consents. In order for the inquiring attorney to comply with the agent's requests the inquiring attorney must acquire the informed consent of every client.