121213 UTEO, ETH 2013-06

• Case Date: December 12, 2013
• Court: Rhode Island

ETH 2013-06 Ethics Advisory Panel Op. 2013-06 Rhode Island Ethics Opinion Rhode Island Supreme Court December 12, 2013           FINAL          FACTS          The inquiring attorney represented a police officer at a hearing before the Rhode Island District Court regarding a matter that was dismissed at the time of the hearing. The officer's police department is alleging that the officer appeared at the hearing on personal business while on duty, and is conducting an investigation. The police department's investigator has asked the inquiring attorney to answer questions relating to the investigation. The inquiring attorney, citing client confidentiality, has declined to be interviewed by the investigator. In response, the investigator advised the inquiring attorney that if the inquiring attorney did not reconsider, the investigator would draw adverse inferences against his/her client, and that if the investigation resulted in disciplinary action against the client, the inquiring attorney would be called as a material witness at a hearing convened pursuant to the Law Enforcement Officer Bill of Rights (LEOBOR). The inquiring attorney has asked for the client's consent to disclose information to the investigator, but the client does not consent.          ISSUE PRESENTED          May the inquiring attorney, who represented a police officer, disclose information relating to the representation, to the police department?          OPINION          No. Rule 1.6 of the Rules of Professional Conduct prohibits the inquiring attorney from disclosing information relating to the representation to the police department, absent the client's consent. If a court orders the inquiring attorney to disclose information relating to the representation, disclosure would be permissible.          REASONING          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

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