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Legal Ethics and Professional Responsibility

Faculty Law Review Articles

Series

1997

Articles 1 - 1 of 1

Full-Text Articles in Law

Cries And Whispers: Environmental Hazards, Model Rule 1.6, And The Attorney's Conflicting Duties To Clients And Others, Irma S. Russell Jan 1997

Cries And Whispers: Environmental Hazards, Model Rule 1.6, And The Attorney's Conflicting Duties To Clients And Others, Irma S. Russell

Faculty Law Review Articles

This article assesses the operation of Model Rule 1.6 in light of environmental catastrophes and concludes that the realities of environmental dangers demand reassessment of the ABA rule on confidentiality.

Part II recounts the history and purpose of the duty of confidentiality. Part III examines the text, commentary, and legislative history of Model Rule 1.6. Part IV discusses modifications to Rule 1.6 by states that have adopted the Model Rules. Part V examines two predominant views of the attorney (as champion and as officer of the court) as they relate to the issue of confidentiality. Part VI assesses Rule 1.6 …