I was looking at the Rule of Professional Conduct Rule 1.6, the confidentiality rule, and I am curious if my fee letter with a client is confidential and within the privilege. Is it?
Samuel C. Stretton.
The attorney-client privilege, which is statutory in nature and also has a common law basis, has been broadened by Rule of Professional Conduct 1.6. Now, a lawyer cannot reveal any information relating to the representation of the client. There are exceptions under Rule 1.6(c) involving threats of death or serious bodily harm, to prevent a client from committing a crime that could result in substantial injury to the financial interest or property of another, to prevent or mitigate the consequences of a client’s criminal or fraudulent act in which the lawyer’s services had been used, to establish a claim or defense on behalf of the lawyer, controversy between the lawyer and the client, or to secure legal advice about the lawyer’s compliance with the Rules of Professional Conduct. In other words, if a lawyer seeks the advice of someone else about the Rules of Conduct, there can be an exception to the rule to allow a lawyer to defend themselves by saying they sought advice on the issue.
