ABA Issues Ethics Opinion on Lawyer's Right to Disclose Client Crimes - Articles

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Posted by: Azya Thornton on Mar 5, 2025

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility today released a formal opinion that provides clarification on when a lawyer may divulge information when they are a victim of a crime by a client or prospective client. Formal Opinion 515 states that such disclosures are implicitly permitted under Model Rule 1.6 to allow for investigation, prosecution or other remedies. The exception also applies when the victim is someone associated with or related to the lawyer, provided the lawyer is a witness to the crime. The committee also noted that a client-lawyer relationship is unlikely to continue after such an incident and that lawyers typically must inform clients of the disclosure under Rule 1.4.