A judgment was entered against my client, who then moved. Opposing counsel says they'll collect but hasn't asked me for the new address. Do I have to volunteer it?

Plain-English summary

The inquiring attorney had represented a client against whom a money judgment was rendered. Plaintiff's counsel indicated that he or she would pursue collection of the amount owed. The client then changed addresses, and the attorney asked whether he or she was obligated to offer to furnish the client's new address to plaintiff's counsel.

The panel set out Rule 1.6(a), under which a lawyer shall not reveal information relating to the representation of a client without the client's consent, except for impliedly authorized disclosures and those in paragraph (b). It also directed the attorney to be mindful of Rule 3.4 ("Fairness to Opposing Party and Counsel"), which bars a lawyer from unlawfully obstructing another party's access to evidence or unlawfully altering, destroying, or concealing material with potential evidentiary value, and from counseling or assisting another to do so.

The panel gathered from the facts that plaintiff's counsel had not asked the attorney for the address. On that footing, it opined that the attorney does not have to volunteer the information to plaintiff's counsel, because the information is protected under Rule 1.6. The panel added that the attorney should keep in mind his or her obligations under Rule 3.4 if plaintiff's counsel does inquire about the client's address.

Currency note

This opinion was issued in 1995, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rules 1.6 and 3.4 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 broadened the Rule 1.6 confidentiality provisions. 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 Treat this page as historical context, not current guidance.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: Did the attorney have to volunteer the client's new address?

A: No. The opinion concluded that, because opposing counsel had not asked, the attorney did not have to volunteer the address, which is protected under Rule 1.6.

Q: What if opposing counsel does ask for the address?

A: The opinion advised the attorney to keep in mind his or her obligations under Rule 3.4 (fairness to opposing party and counsel) if plaintiff's counsel inquires about the address.

Q: Why was the client's address treated as protected?

A: The opinion treated the address as information relating to the representation under Rule 1.6(a), which a lawyer shall not reveal without the client's consent absent an applicable exception.

Background and rules framework

The opinion applied Rhode Island Rules of Professional Conduct 1.6 (Model Rule 1.6) and 3.4 (Model Rule 3.4). Rule 1.6(a) barred revealing information relating to the representation without the client's consent, subject to exceptions. Rule 3.4(a) barred unlawfully obstructing another party's access to evidence or unlawfully concealing material with evidentiary value. The panel read the two together: absent a request, confidentiality controlled; a request would bring the fairness constraints of Rule 3.4 into play.

Citations and references

Rules of Professional Conduct:

• Model Rule 1.6 / RI RPC 1.6(a) (confidentiality of information)
• Model Rule 3.4 / RI RPC 3.4(a) (fairness to opposing party and counsel; access to evidence)

See also

• RI EAP Op. 97-01: Duty to disclose a client's death to the court and opponent
• RI EAP Op. 89-18: Continued mailings to an unreachable opposing counsel's last known address

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%2095-19.pdf

Original opinion text

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

FINAL

ETHICS ADVISORY PANEL
OPINION # 95-19, Request # 581
Issued March 23, 1995

The inquiring attorney represented a client in a matter where a money judgment was rendered against her. Plaintiff's counsel indicated to the inquiring attorney that he/she would pursue the matter to collect the amount owed. Subsequently, the inquiring attorney's client changed addresses. The inquiring attorney asks whether he/she is under an obligation to offer to furnish the client's new address to plaintiff's counsel.

Rule 1.6 entitled "Confidentiality of Information" states the following:

(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).

In addition, the inquiring attorney should be mindful of Rule 3.4 entitled: "Fairness to Opposing Party and Counsel." That Rule states in pertinent part: A lawyer shall not:

(a) unlawfully obstruct another party's access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act; ...

The Panel gathers from the facts provided that the plaintiff's counsel has not asked the inquiring attorney for the address. If this is the case, the Panel opines that the inquiring attorney does not have to volunteer said information to plaintiff's counsel because the information is protected under Rule 1.6. The inquiring attorney should keep in mind his/her obligations pursuant to Rule 3.4 if plaintiff's counsel does inquire about the client's address.