Legal Ethics and Professional Responsibility Commons^™

Client Confidences And Public Confidence In The Legal Profession: Observations On The Aba House Of Delegates Deliberations On The Duty Of Confidentiality, Irma S. Russell

Faculty Journal Articles & Other Writings

This article sets forth points to encourage the ABA House of Delegates to reconsider proposed revisions to Model Rule 1.6 (b)(2) and (b)(3) and to reject any proposals to revert back to the former rule. Specifically, the article urges the delegates to: 1) be aware of absolutes and consider proportionality; 2) recognize lawyers as trustworthy decision makers; and 3) acknowledge the profession's responsibility to the public. The article suggests that the possibility of reverting to the former rule is radically out of step with the tradition of confidentiality in the American legal profession and with the rules of professional conduct …

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 …

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 …