DISCLOSURE OBLIGATIONS
UNDER 1.6 (B) (2), (3)
START HERE
Is it information
relating to the
representation of
a client under 1.6?
Is there informed
consent from
client under 1.6a?
Is there implied
authorization
from the client?
DISCLOSURE
PERMITTED
Would failure to
disclose when
permitted assist a
client’s criminal or
fraudulent act?
DISCLOSURE
MANDATED
*PROFESSOR GROSS
Did client use or is
client using your
services in furtherance
of past, present, or
future crime or fraud?
Is fraud or crime
completed?
1.6 (b) (3): Does the lawyer
reasonably believe that
disclosure could prevent,
mitigate or rectify
substantial injury to the
financial interests or
property of another that is
reasonably certain to result
or has resulted from client's
crime or fraud completed?
1.6 (b) (2): Does lawyer
resonably believe that
disclosure could prevent
client from committing
oor continuing crime oor
fraud that is reasonably
certain to result in
substantial injury to the
financial interests or
property of another?
DISCLOSURE
NOT
MANDATED
DISCLOSURE
PROHIBITED
Lawyer may alsoo have to give notice
of fact of withdrawal and disaffirm
an opinion, documentation or
affirmation. 4.1 (b(, Comment 3.