Confidentiality ‘Paramount’ When Leaving a Client, ABA Says

When lawyers aim to withdraw from a representation, they must maintain client confidentiality in all but rare circumstances, the American Bar Association says in a new ethics opinion.

Unless an “explicit exception” to the duty of confidentiality applies, or the client provides informed consent, lawyers may not reveal “information relating to the representation” in support of a withdrawal motion.

Lawyers must abide by Rule 1.6(a) of the ABA Model Rules of Professional Conduct even if doing so makes it less likely their withdrawal motion will succeed, says the ABA opinion released Wednesday.

“Ultimately, the lawyer’s paramount duty is to preserve ...