My firm got a bank line of credit secured by our accounts receivable, and the bank wants a list of clients with names, addresses, and amounts owed. Does Rule 1.6 let us give the bank that list?

Plain-English summary

The inquiring attorney's law firm had obtained a line of credit from a bank. The bank requested that the firm grant a security interest in the firm's accounts receivable and provide the bank with a list of those accounts, including the names of clients, their addresses, and the amounts they owed. The attorney sought guidance under Rule 1.6 (confidentiality of information).

The Panel set out Rule 1.6(a), which bars a lawyer from revealing information relating to the representation of a client unless the client consents after consultation, with limited exceptions in Rule 1.6(b) (to prevent a criminal act likely to cause imminent death or substantial bodily harm, or to establish a claim or defense for the lawyer).

The Panel emphasized that Rule 1.6 does not distinguish between information that would be considered a confidence and information considered a secret. It concluded that a client's name, address, and the fee amount owed relate to the representation and are therefore confidential information, so the law firm cannot provide the requested list to the bank consistent with Rule 1.6.

Currency note

This opinion was issued in 1994 (Opinion 94-42, issued June 22, 1994), 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. 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 Treat this page as historical context, not current guidance.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 a law firm give its lender a list of clients and balances to secure financing?

A: The Panel concluded no. Client names, addresses, and amounts owed relate to the representation and are confidential under Rule 1.6, so the firm cannot provide the list.

Q: Is a client's identity and balance really confidential, or just the substance of the matter?

A: The Panel stated Rule 1.6 does not distinguish confidences from secrets; a client's name, address, and fee amount relate to the representation and are confidential.

Q: Could client consent change the answer?

A: Rule 1.6(a) permits disclosure with client consent after consultation; the Panel found the firm could not provide the list absent such consent, since no Rule 1.6(b) exception applied.

Background and rules framework

The opinion interprets Rhode Island Rule of Professional Conduct 1.6 (confidentiality of information), the analog of Model Rule 1.6. Rule 1.6(a) barred revealing information relating to the representation absent consent; Rule 1.6(b) supplied narrow exceptions. The Panel read "information relating to representation" broadly to include client identity and balances, and found no applicable exception for disclosure to a lender.

Citations and references

Rules of Professional Conduct:

• MR 1.6 / RI RPC 1.6(a) (confidentiality of information; client identity and balances are confidential absent consent)

See also

• RI EAP Opinion 94-06: naming debtor clients to a collection agency under Rule 1.6(b)(2)
• RI EAP Opinion 2020-01: may not disclose a current client's sale information to a third party without consent

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%2094-42.pdf

Original opinion text

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

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FINAL

ETHICS ADVISORY PANEL
OPINION #94-42 REQUEST #509
Issued June 22, 1994

The inquiring attorney states that the law firm at which he/she is employed has obtained a line of credit from a bank. The bank has requested that the law firm grant a security interest in the firm's accounts receivable and that the firm provide the bank with a list of the accounts receivable including the names of clients, addresses and amounts owed by them. The attorney seeks Panel advice under these circumstances in light of Rule 1.6 "Confidentiality of Information."

Rule 1.6 states that:

(a) A lawyer shall not reveal information relating to representation of a client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraph (b).

(b) A lawyer may, but is not obligated to reveal such information to the extent the lawyer reasonably believes necessary:

(1) to prevent the client from committing a criminal act that the lawyer believes is likely to result in imminent death or substantial bodily harm; or

(2) 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.

Rule 1.6 forbids disclosure of "information relating to representation of a client unless the client consents . . ." Rule 1.6 does not distinguish between information which would be considered a confidence or a secret. The name, address and fee amount owed by a client to the inquiring attorney's law firm relates to the representation and is therefore confidential information. The Panel believes that the law firm cannot provide the requested list to the bank consistent with Rule 1.6.