Ethics Hotline & Opinions

ETHICS DOCKET NO. 1989-23

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MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1989-23

CONFIDENCE OF LAWYER-CLIENT RELATIONSHIP


Your letter indicates that you have been requested by a lending institution to provide a list of ""financial institutions for which you do business or with which you are affiliated."" You question whether you are prohibited from revealing the identities of your clients by the language of Rule 1.6 of the Maryland Rules of Professional Conduct which 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. . .

As stated in the Comment to Rule 1.6:

A fundamental principle in the client-lawyer relationship is that the lawyer maintain confidentiality of information relating to the representation . . . The confidentiality rule applies not merely to matter communicated in confidence by the client but also to all information relating to the representation, whatever its course. Emphasis added.

Accordingly, it is the opinion of the Committee on Ethics that Rule 1.6 prohibits the disclosure of the identities of your clients to the lending institution unless they have given express or implied consent to such disclosure.


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DISCLAIMER: Opinions of the Maryland State Bar Association (MSBA) Ethics Committee are an uncompensated service of the MSBA. This Committee’s opinions are not binding on the Maryland Court of Appeals, Maryland Attorney Grievance Commission, MSBA or this Committee. The reader is advised that subsequent judicial opinions, revisions to the rules of professional conduct, and future opinions of this Committee may render the Opinions stated herein outdated. As such, the Committee’s opinions are advisory only and neither the Committee nor the MSBA assumes any liability whatsoever with respect thereto. Accordingly, reliance upon the opinions of this Committee is solely at the risk of the user.