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This article sets forth points to encourage the ABA House of Delegates to reconsider proposed revisions to Model Rule 1.6 (b)(2) and (b)(3) and to reject any proposals to revert back to the former rule. Specifically, the article urges the delegates to: 1) be aware of absolutes and consider proportionality; 2) recognize lawyers as trustworthy decision makers; and 3) acknowledge the profession's responsibility to the public. The article suggests that the possibility of reverting to the former rule is radically out of step with the tradition of confidentiality in the American legal profession and with the rules of professional conduct adopted by most states and would subject lawyers to the risk of liability to non-clients harmed by client conduct that was known to the lawyer.
Russell, Irma S., "Client Confidences and Public Confidence in the Legal Profession: Observations on the ABA House of Delegates Deliberations on the Duty of Confidentiality" (2002). Faculty Journal Articles & Other Writings. 39.