071014 RIEO, 14-05

• Case Date: July 10, 2014
• Court: Rhode Island

14-05 Ethics Advisory Panel Op. 2014-05 Rhode Island Ethics Opinions Rhode Island Supreme Court July 10, 2014           FINAL          FACTS          The inquiring attorney represented an individual who was the attorney-in-fact under a power of attorney. The inquiring attorney states that the sole purpose of the representation was to assist the individual in his/her capacity as the attorney-in-fact for the principal, an elderly individual. Specifically, the inquiring attorney helped the attorney-in-fact to understand his/her legal rights and duties as such; and assisted the attorney-in-fact to perform the legal duties and to exercise the legal rights of an attorney-in-fact, to the extent that a lawyer's services were relevant to those duties and rights. The attorney-in-fact and the inquiring attorney entered into a retainer agreement. The power -of-attorney was subsequently terminated, and a guardian was appointed for the elderly individual by a probate court. The attorney-in-fact is not the appointed guardian.          The guardian has asked the inquiring attorney for copies of documents relating to the inquiring attorney's representation of the attorney-in-fact, including copies of the retainer agreement, correspondence between the inquiring attorney and the attorney-in-fact, correspondence the inquiring attorney sent to third parties, and billing statements pertaining to the representation of the attorney-in-fact. The inquiring attorney asks whether his/her obligation of confidentiality prohibits him/her from complying with the guardian's request.          ISSUE PRESENTED          May the inquiring attorney, who represented the attorney-in-fact for an elderly individual, provide copies of documents relating to the representation to the subsequently appointed guardian of the elderly individual?          OPPNION          Rule 1.6 of the Rules of Professional Conduct permits the inquiring attorney to comply with the request of the elderly individual's guardian for copies of documents relating to the inquiring attorney's representation of the former attorney-in-fact for the elderly individual.          REASONING          Rule 1.6, entitled "Confidentiality of information" 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

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