New: Find an ethics lawyer

Alaska Rules of Professional Conduct

COMMENTS

Comment - Rule 1.6

The Committee has amended this rule to tie the lawyer’s confidentiality obligation to a “confidence” or “secret” of the client. The Committee concluded the language used in Model Rule 1.6 (“information” relating to representation of a client) was excessively broad. The terms “confidence” and “secret” are defined in the amended rule in substantively the same way as those terms were defined in DR 4-101(A) of the ABA Model Code of Professional Responsibility. The Committee expects that court decisions interpreting “confidence” and “secret” under DR 4-101(A) will be persuasive authority for interpreting the amended Alaska rule.

The final sentence of subsection (a) has been added to require that a lawyer approach any decision about disclosing information relating to representation of a client from the standpoint that the information is generally presumed to be protected from disclosure.

The lawyer’s decision to disclose information under this rule is governed by objectively reasonable standards (see Rule 9.1(i) & (j)) and by all the facts and circumstances of which the lawyer is aware or reasonably should be aware at the time the decision is made.