A former personal injury client faked his claim and the FBI wants my help prosecuting him. May I assist, or must I keep his information confidential?

Plain-English summary

The inquiring attorney represented a client in a personal injury case. One year later, the FBI informed the attorney that the client had misrepresented his identity and fraudulently invented the personal injury claim, and requested the attorney's assistance in prosecuting the client.

The panel concluded that Rule 1.6 (confidentiality of information) governs. Rule 1.6 provides that a lawyer shall not reveal information relating to the representation of a client unless the client consents after consultation. The panel stated that Rule 1.6 would prohibit the attorney from assisting in the prosecution of the client, and that the attorney has an obligation to maintain the confidentiality of information relating to the representation.

The panel added that the same duty applies in judicial and other proceedings where a lawyer is called as a witness: absent the client's waiver, Rule 1.6(a) requires the lawyer to invoke the privilege when it is applicable. It noted, however, that a lawyer must comply with the final orders of a court or other tribunal of competent jurisdiction requiring the lawyer to give information about the client, citing the comments to Rule 1.6.

Currency note

This opinion was issued in 1992, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rule 1.6 as originally adopted. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which amended Rule 1.6, including its disclosure exceptions. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: Can I help law enforcement prosecute a former client who defrauded through his claim?

A: Per the opinion, no; Rule 1.6 would prohibit the attorney from assisting in the prosecution of the client.

Q: What if I am subpoenaed to testify about the client?

A: Per the opinion, absent the client's waiver, Rule 1.6(a) requires the lawyer to invoke the privilege when it is applicable.

Q: Do I have to comply if a court orders me to give information about the client?

A: Per the opinion, yes; a lawyer must comply with the final orders of a court or other tribunal of competent jurisdiction requiring the lawyer to give information about the client.

Background and rules framework

The opinion applies Rhode Island Rule 1.6 (confidentiality of information), corresponding to Model Rule 1.6. The panel read Rule 1.6's general prohibition on revealing information relating to the representation to bar affirmative assistance in prosecuting the client and to require the lawyer to assert the applicable privilege if called as a witness, while recognizing the limit that a lawyer must obey a tribunal's final order to disclose.

Citations and references

Rules of Professional Conduct:

• MR 1.6 (confidentiality of information)
• RI RPC 1.6(a)

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 91-27: Lawyer Subpoenaed to the Grand Jury Must Appear and Assert Privilege
• RI EAP Op. 92-17: Confidentiality Versus Candor Over an Undisclosed Medical Lien
• RI EAP Op. 89-12: No Duty to Disclose a Former Client's Inconsistent Court Testimony

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2092-28.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

DIGEST OF ETHICS ADVISORY PANEL
Opinion 92-28, Request #243
Issued May 20, 1992

An attorney seeks Panel advice with regard to the following circumstances. An attorney represented a client in a personal injury case. One year later, the FBI informed the attorney that the client misrepresented his identity and fraudulently invented the personal injury claim. The FBI requested the attorney's assistance in the prosecution of the client.

The Panel believes that Rule 1.6 entitled "Confidentiality of Information" governs this inquiry. Rule 1.6 states that "a lawyer shall not reveal information relating to representation of a client unless the client consents after consultation." Rule 1.6 would prohibit an attorney from assisting in the prosecution of his/her client. In this particular case, an attorney has an obligation to maintain the confidentiality of information relating to the representation of the client. The same duty is applicable to judicial and other proceedings where a lawyer is called as a witness. If a lawyer is called as a witness to give testimony concerning a client, absent waiver by the client, Rule 1.6(a) requires the lawyer to invoke the privilege when it is applicable. Note however that a lawyer must comply with the final orders of a court or other tribunal of competent jurisdiction requiring the lawyer to give information about the client. See comments to Rule 1.6.