050814 RIEO, 14-04

• Case Date: May 08, 2014
• Court: Rhode Island

14-04 Ethics Advisory Panel Op. 2014-04 Rhode Island Ethics Opinions May 8, 2014          FACTS          The inquiring attorney represents the administrator of a decedent's estate in probate court. The inquiring attorney states that he/she is preparing to close the estate. In order to prepare an accounting, the inquiring attorney asked the administrator for financial information pertaining to the estate. The administrator disclosed to the inquiring attorney that he/she borrowed the assets of the estate account to pay for the administrator's own medical expenses. The inquiring attorney states that the administrator indicates an intent to replace the borrowed funds but that she has provided no evidence of ability to do so.          ISSUE PRESENTED          The inquiring attorney asks whether he/she is permitted or required to disclose tc the probate court or others the fact that the administrator has diverted the estate's funds.          OPINION          The administrator's disclosure to the inquiring attorney that he/she has diverted the estate's funds is a confidential communication which is protected pursuant to Rule 1.6. The inquiring attorney is not permitted to reveal the administrator's disclosure without the client's consent.          REASONPING          Rule 1.6 of the Rules of Professional Conduct states as follows.

Rule 1.6. Confidentiality of information, (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraph (b).

(b) A lawyer may reveal such information to the extent the lawyer reasonably believes necessary:

(1) to prevent the client from committing a criminal act that the lawyer believes is likely to result in imminent death or substantial bodily harm;

(2) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client;

(3) to secure legal advice about the lawyer's compliance with these Rules; or

(4) to comply with other law or a court order.

         In this inquiry, the...