Law Commons^™

Unreasonable Risk: Model Rule 1.6, Environmental Hazards, And Positive Law, Irma S. Russell

Faculty Law Review Articles

This article explores the disjuncture of positive law and the duty of confidentiality as formulated by Model Rule 1.6. Its central purpose is to question the decision to exclude positive law from the framework of analysis created by the Rule.

Part II summarizes the duty of confidentiality owed to clients by attorneys. Part III examines Model Rule 1.6. Part IV surveys environmental statutes, noting the strong public policy in favor of protection against environmental hazards. Part V explores common law liability, noting the effect of recent developments in the law, such as the abrogation of the bar of privity and …