Lawyers Must Provide Ex-Clients Info Not in File, ABA Says

Lawyers are obliged to convey information to former clients or successor counsel in “certain limited circumstances,” when doing so is necessary to protect the clients’ interests and is “reasonably practicable,” the American Bar Association says in a new ethics opinion.

When these requests arise, lawyers should take steps required by ABA Model Rule of Professional Conduct 1.16(d), which include providing the client or new counsel information like conversations or agreements that aren’t already “memorialized,” or formally documented in the client’s file, says the ABA opinion released Wednesday.

Lawyers often fulfill their obligations under Rule 1.16 to protect client interests after ...