Confidentiality is one of the core principles of the legal profession and a heavily tested topic on the MPRE. While the rule itself may seem straightforward, the nuances, especially the exceptions, are where many test takers get tripped up.
Model Rule 1.6 governs a lawyer’s duty to protect client information. To succeed on the MPRE, you need to understand not only the rule, but how it applies in practice.
The Broad Scope of Confidentiality
Rule 1.6 is intentionally broad. It applies to all information relating to the representation of a client, regardless of the source.
This means confidentiality is not limited to communications from the client. It also includes:
- Information from third parties
- Publicly available information connected to the representation
- Observations made by the lawyer during the course of representation
If the information relates to the representation, it is generally protected.
The General Rule
Under Rule 1.6(a), a lawyer must not reveal information relating to the representation of a client unless:
- The client gives informed consent
- The disclosure is impliedly authorized to carry out the representation
- An exception under Rule 1.6(b) applies
On the MPRE, this default position is critical. If no exception clearly applies, disclosure is not permitted.
Understanding the Exceptions
Rule 1.6(b) outlines situations where a lawyer may reveal confidential information. These exceptions are permissive, not mandatory, which is a key distinction often tested.
Common exceptions include:
- Preventing reasonably certain death or substantial bodily harm
- Preventing or mitigating substantial financial harm resulting from a crime or fraud
- Securing legal advice about compliance with the rules
- Defending against claims or allegations involving the lawyer
The exam often tests whether disclosure is allowed versus required. In most cases under Rule 1.6, disclosure is allowed, but not required.
Confidentiality vs. Other Ethical Duties
One of the most important MPRE concepts is how confidentiality interacts with other rules.
For example, Rule 3.3 on candor toward the tribunal can override Rule 1.6 in certain situations involving false evidence. This creates tension between duties, and the MPRE frequently tests how to resolve it.
Understanding which duty controls in a given scenario is essential.
Common MPRE Traps
Questions on confidentiality often hinge on subtle distinctions:
- Confusing confidentiality with attorney-client privilege
- Assuming lawyers must disclose when an exception applies
- Overlooking how broad “information relating to the representation” really is
Careful reading and precise application of the rule are key to getting these questions right.
Why This Matters Beyond the MPRE
Confidentiality is foundational to the attorney-client relationship. Clients rely on lawyers to safeguard sensitive information, and that trust is essential to effective representation.
Mastering Rule 1.6 is not just about passing the MPRE. It is about understanding a principle that will guide your professional conduct throughout your career.
Ready to Master the MPRE?
BARBRI’s free MPRE Prep course helps you move beyond memorization and truly understand how ethical rules are tested and applied.
Explore BARBRI MPRE prep and start studying with confidence today.
Interested in reading more? Fill out the form to read the full article.