Can I report a client's settlement to the 'Verdicts and Settlements' column of a legal newspaper without the client's consent if I leave out the names, insurer, and docket number?

Plain-English summary

The inquiring attorney had represented a plaintiff in a personal-injury claim, filed a complaint in Superior Court, and settled shortly after; the only documents in the court file were the complaint and the stipulation of dismissal. The attorney wanted to publish the settlement in the "Verdicts and Settlements" section of the Rhode Island Lawyers' Weekly. He planned to withhold the parties' names, the insurance company's identity, and the docket number, but to disclose that the injuries resulted from an automobile collision where liability was not at issue, and to describe the injuries and disabilities and disclose the special damages, the settlement amount, and the settlement date. He asked whether disclosing that information without the client's knowledge or consent would violate Rule 1.6.

The panel concluded that it would. The information the attorney proposed to disclose was information relating to the representation of the client, and none of the exceptions in Rule 1.6(b) applied. Accordingly, under Rule 1.6 the attorney was not permitted to disclose it for publication in the Rhode Island Lawyers' Weekly without the client's consent.

Currency note

This opinion was issued in February 1999, 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. 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 Treat this page as historical context, not current guidance.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 lawyer publish a client's settlement result for marketing if the names are removed?

A: Not without consent. The opinion concluded the settlement details were information relating to the representation, so Rule 1.6 barred disclosing them for publication without the client's consent, even with the parties' names withheld.

Q: Did it matter that the complaint and dismissal were already in the public court file?

A: The opinion did not treat the public filing as authorizing the broader disclosure. It concluded the specific information the attorney proposed to publish (the injuries, special damages, settlement amount, and date) related to the representation and required the client's consent.

Q: Did any Rule 1.6(b) exception apply?

A: No. The opinion stated the exceptions in paragraph (b) of the rule were not applicable to this inquiry.

Background and rules framework

The opinion applied Rhode Island Rule of Professional Conduct 1.6 (Model Rule 1.6) as originally adopted. Rule 1.6(a) provides that a lawyer shall not reveal information relating to the representation of a client unless the client consents after consultation, except for disclosures impliedly authorized to carry out the representation and except as stated in paragraph (b). The panel concluded that the settlement information fell within the rule's broad protection for information relating to the representation and that no paragraph (b) exception applied.

Citations and references

Rules of Professional Conduct:

• Model Rule 1.6 / RI RPC 1.6 (confidentiality of information)

See also

• RI EAP Op. 99-06: Reporting a client who left court-ordered treatment
• RI EAP Op. 99-17: Client consent to a third-party bill audit under Rule 1.6

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%2099-02.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Final

                                 Rhode Island Supreme Court
                                ETHICS ADVISORY PANEL
                              Opinion No. 99-02, Request No. 767
                                  Issued February 11, 1999

Facts:

     The inquiring attorney represented a plaintiff in a personal injury claim and filed a complaint in

the Superior Court. The lawsuit was settled shortly after the complaint was filed. The only documents
in the court file are the complaint and the stipulation of dismissal.

     The inquiring attorney wants to publish the settlement in the "Verdicts and Settlements" section

of the Rhode Island Lawyers' Weekly. He/she intends to withhold from publication the names of the
parties, the identities of the insurance company, and the court docket number. He/she will disclose that
the plaintiff's injuries resulted from an automobile collision where liability was not an issue. He/she will
describe the plaintiff's injuries and disabilities, and will disclose the amount of plaintiff's special damages,
the settlement amount and the date of settlement.

Issue Presented:

     Is it a violation of Rule 1.6 for the attorney to disclose the information as described without the

client's knowledge or consent?

Opinion:

     Yes. The information the inquiring attorney seeks to disclose is information relating to the

representation of the client, and therefore pursuant to Rule 1.6, he/she may not disclose it unless the
client consents.

Reasoning:

     Rule 1.6 entitled "Confidentiality of Information" states:

       (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).

The exceptions stated in paragraph (b) of the rule are not applicable to this inquiry.
Final Op. 99-02
Page 2

     It is the opinion of the Panel that the information that the inquiring attorney proposes to disclose

is information relating to the representation of his/her client. As such, pursuant to
Rule 1.6 the inquiring attorney is not permitted to disclose it for publication in Rhode Island Lawyers'
Weekly without the client's consent.