1990 Illinois Rules of Professional Conduct
RULE 1.6 Confidentiality
of
Information
[revisions to 1990 Rule are
indicated as follows: text deleted from the 1990 Rule is shown by
strikethrough;
additions to the 1990 Rule are shown in red]
(a) Except when required under Rule 1.6(b) or
permitted under Rule 1.6(c), a lawyer shall not, during or after termination
of the professional relationship with the client, use or reveal a confidence
or secret of the client known to the lawyer unless the client consents after
disclosure.
(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by paragraph (b) or required by paragraph (c).
(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:
(1) to prevent the client from committing a crime in circumstances other than those specified in paragraph (c);
(2) to prevent the client from committing fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer's services;
(3) to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the lawyer's services;
(4) to secure legal advice about the lawyer's compliance with these Rules;
(5) 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; or
(6) to comply with other law or a court order.
(b) (c)
A lawyer shall reveal information relating to the
representation of about a client to the extent
the lawyer reasonably believes
it appears necessary to
prevent
reasonably certain death or substantial bodily
harm. the client from
committing an act that would result in death or serious bodily harm.
(c) A lawyer may use or
reveal:
(1) confidences or secrets when permitted
under these Rules or required by law or court order,
(2) the intention of a client to commit a
crime in circumstances other than those enumerated in Rule 1.6(b); or
(3) confidences or secrets necessary to
establish or collect the lawyer's fee or to defend the lawyer or the
lawyer's employees or associates against an accusation of wrongful
conduct.
(d) Information received by a lawyer participating in a meeting or proceeding with a trained intervener or panel of trained interveners of an approved lawyers' assistance program, or in an intermediary program approved by a circuit court in which nondisciplinary complaints against judges or lawyers can be referred, shall be considered information relating to the representation of a client for purposes of these Rules.
(d) The relationship of trained intervenor and
a lawyer, judge, or a law student who seeks or receives assistance through
the Lawyers' Assistance Program, Inc., shall be the same as that of lawyer
and client for purposes of the application of Rule 8.1, Rule 8.3 and Rule
1.6.
(e) Any information received by a lawyer in a
formal proceeding before a trained intervenor, or panel of intervenors, of
the Lawyers' Assistance Program, Inc., or in an intermediary program
approved by a circuit court in which nondisciplinary complaints against
judges or lawyers can be referred shall be deemed to have been received from
a client for purposes of the application of Rules 1.6, 8.1 and 8.3.
Adopted February 8, 1990; effective August 1, 1990; amended February 2, 1994, effective immediately; amended May 24, 2006, effective immediately.