Someone came to me for an unrelated matter and hasn't paid yet, and I saw in the paper he's behind on child support. Can I report what I know to the state agency?

Plain-English summary

The inquiring attorney learned from a newspaper advertisement that X was delinquent in child-support payments. X had been referred to the attorney as a client by the lawyer referral service for a matter totally unrelated to any family-court matter, and the attorney had held an initial conference with X. The attorney believed that no "formal attorney-client relationship" was established because the client had not paid the referral fee and work on the case would commence only upon payment. The attorney asked whether he or she was permitted to contact the state agency with the information concerning X.

The panel applied Rule 1.6, which provides that a lawyer shall not reveal information relating to the representation of a client without the client's consent after consultation, except for impliedly authorized disclosures and those stated in paragraph (b), and it observed that the confidentiality rule's limited exceptions did not apply to these facts.

The panel noted that the attorney had learned the client's name, address, and telephone number at the initial attorney-client conference. It concluded that the fact the client had not paid a fee did not negate the attorney-client relationship, and that under Rule 1.6 the attorney must maintain the client's confidences because the information arose from the representation of the client and the exceptions to the rule did not apply.

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 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 broadened the Rule 1.6 exceptions and added Rule 1.18 addressing duties to prospective clients. 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 Treat this page as historical context, not current guidance.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: Was there a client relationship if the person never paid?

A: Yes. The opinion concluded that the fact the client had not paid a fee did not negate the attorney-client relationship.

Q: Could the lawyer report the child-support delinquency to the state agency?

A: No. The opinion held that the information the attorney learned at the initial conference was confidential under Rule 1.6 and had to be maintained, because it arose from the representation and no exception applied.

Q: Did it matter that the delinquency also appeared in a newspaper?

A: The opinion did not rest on the newspaper item; it focused on the name, address, and telephone number the attorney learned at the conference as information relating to the representation protected by Rule 1.6.

Background and rules framework

The opinion applied Rhode Island Rule of Professional Conduct 1.6 (Model Rule 1.6), which bars revealing information relating to the representation without the client's consent, subject to limited exceptions. The panel treated the initial conference as forming an attorney-client relationship regardless of payment, so the identifying information the attorney obtained fell within Rule 1.6, and it found none of the rule's exceptions applicable.

Citations and references

Rules of Professional Conduct:

• Model Rule 1.6 / RI RPC 1.6(a) (confidentiality of information; limited exceptions)

See also

• RI EAP Op. 2016-06: A lawyer may not disclose to a client information learned from a prospective client
• RI EAP Op. 95-19: Volunteering a client's address to opposing counsel

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%2095-26.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 # 95-26, Request # 588
Issued May 4, 1995

The inquiring attorney learned from a newspaper advertisement that X was delinquent in child support payments. X had been referred to the inquiring attorney as a client by the lawyer referral service for a matter totally unrelated to a family court matter. The inquiring attorney had an initial conference with X. The inquiring attorney believes that no "formal attorney-client relationship" was established because the client did not pay the referral fee and work on the case would commence only upon payment. The inquiring attorney asks whether he/she is permitted to contact the state agency regarding the information concerning X.

Rule 1.6 of the Rules of Professional Conduct addresses the fundamental principle of confidentiality between the client and lawyer regarding information relating to the representation. The Rule states that "[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)." The confidentiality rule is subject to limited exceptions not applicable to these facts.

The inquiring attorney learned of the client's name, address and telephone number at the initial attorney-client conference. The fact that the client has not paid a fee does not negate the attorney-client relationship. Pursuant to Rule 1.6, the Panel opines that the inquiring attorney must maintain the client's confidences because the information arose from the representation of the client and the exceptions to the Rule do not apply.