Confidentiality (MR 1.6)
Professional Responsibility · Lesson 02
Confidentiality (MR 1.6)
這一課問的是：律師是否須維持保密？是否有例外適用？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Must the lawyer maintain confidentiality, and does any exception apply?
這一課問的是：律師是否須維持保密？是否有例外適用？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
MR 1.6
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Lawyer shall not reveal information relating to representation.
MR 1.6 保密。
scope
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Broader than attorney-client privilege.
範圍。
informed consent
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Client may consent after consultation.
知情同意。
implied authorization
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Permitted to carry out representation.
默示授權。
crime/fraud exception
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To prevent reasonably certain death or substantial bodily harm; financial crime in some states.
犯罪/詐欺例外。
self-defense exception
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To defend lawyer against claim.
自我防禦例外。
compliance exception
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To comply with court order.
守法例外。
Issue · what this lesson is really about
Must the lawyer maintain confidentiality, and does any exception apply?
這一課問的是：律師是否須維持保密？是否有例外適用？
Trigger words & phrases that should flag this issue:
confidentialdiscloseprivilegeclient informationexception
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State scope | MR 1.6 protects information "relating to representation" — broader than attorney-client privilege. | 保密範圍廣於律師-委託人特權。 |
| Apply exceptions | Disclosure permitted: to prevent death/substantial harm, financial fraud (some states), self-defense, compliance with court order. | 例外：防止死亡或重大傷害、財務詐欺（部分州）、自我防禦、守法。 |
| Apply consent | Client may consent to disclosure after informed consent. | 客戶可知情同意揭露。 |
| Apply implied authorization | Lawyer may impliedly disclose to advance representation. | 為推進代理可默示揭露。 |
Rule Sentence · the workhorse
A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, disclosure is impliedly authorized to carry out the representation, or one of MR 1.6(b)'s exceptions applies.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人lawyer律師
Act 行為disclosing or not揭露或不
Object 對象information relating to representation與代理相關之資訊
Standard 法律標準MR 1.6(a) general bar + (b) exceptionsMR 1.6(a) 一般禁止 + (b) 例外
Consequence 後果confidentiality preserved or limited保密維持或受限
Casebook Snapshot · a real American case
ABA Model Rule 1.6 + comments
Holding. The lawyer's duty of confidentiality extends to all information relating to the representation, regardless of source, and survives the representation; exceptions are narrow and require careful application.
Why it matters. MR 1.6 is the broad sister of the attorney-client privilege — protects all information relating to representation, with limited exceptions.
MR 1.6 廣於律師-委託人特權；例外有限。
Common Mistakes · what trips students
✗ confidentiality = privilege。
✓ Confidentiality is broader.
保密範圍較廣。
✗ crime/fraud 自動允許 disclosure。
✓ Only specified categories; depends on rule.
僅限特定類別。
Mini IRAC · build the Application
Issue. May lawyer L disclose client C's intent to commit financial fraud against a third party, where the state has adopted MR 1.6(b)(2)?
Rule. Under MR 1.6(b)(2), a lawyer may reveal information relating to the representation to the extent reasonably necessary to prevent the client from committing a crime or fraud reasonably certain to result in substantial financial injury, in furtherance of which the client has used the lawyer's services.
Application (model). C plans to commit financial fraud against a third party using L's services. Because MR 1.6(b)(2) permits disclosure to prevent reasonably certain substantial financial injury caused through use of lawyer's services, the fact that C's planned fraud meets the requirements — substantial harm + use of L's services + reasonably certain — means L may disclose.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, L may (but is not required to) disclose to prevent the fraud.
MBE Check · multiple choice
Client tells lawyer L: "I'm going to kill my business partner tomorrow." L believes the threat is real. What may L do?
Mini Essay · write the Application paragraph
Facts. Lawyer L represents C in negotiating a real estate purchase. During negotiations, C tells L: "By the way, I have a side plan to defraud my business partner." L is not involved in the side plan, but C has used L's services for related matters.
Call. May L disclose the side fraud?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: