In-house lawyers suing their employers or clients for discrimination or a retaliatory firing can’t disclose any confidences or secrets, unless they’re defending against a counterclaim or affirmative defense, according to a new opinion from the D.C. Bar Legal Ethics Committee.
According to an opinion published online last week by the committee, the D.C. Bar Rules of Professional Conduct don’t allow in-house lawyers to disclose confidences — information protected by attorney-client privilege — or secrets — information gleaned that a client has asked to keep secret or that would harm a client — in making a claim.
