State Bar of Georgia

Handbook

Georgia Rules of Professional Conduct

 

RULE 1.6 CONFIDENTIALITY OF INFORMATION

 (a) A lawyer shall maintain in confidence all information gained in the professional relationship with a client,
including information which the client has requested to be held inviolate or the disclosure of which would be embarrassing or would likely be detrimental to the client
,
unless the client consents after consultation,
except for disclosures
that are impliedly authorized in order to carry out the representation,

or are required by these rules
or other law,
or by order of the Court.

(b) (1) A lawyer may reveal information covered by paragraph (a) which the lawyer reasonably believes necessary:

(i) to avoid or prevent harm or substantial financial loss to another as a result of client criminal conduct or third party criminal conduct clearly in violation of the law;

(ii) to prevent serious [ ] injury or death not otherwise covered by subparagraph (i) above;

(iii) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client.

(2) In a situation described in Subsection (1),
if the client has acted at the time the lawyer learns of the threat of harm or loss to a victim,
use or disclosure is permissible only if the harm or loss has not yet occurred.

(3) Before using or disclosing information pursuant to Subsection (1), if feasible,
the lawyer must make a good faith effort
to persuade the client either not to act
or, if the client has already acted, to warn the victim.

(c) The lawyer may, where the law does not otherwise require, reveal information to which the duty of confidentiality does not apply under paragraph (b) without being subjected to disciplinary proceedings.

(d) The lawyer shall reveal information under paragraph (b) as the applicable law requires.

(e) The duty of confidentiality shall continue after the client-lawyer relationship has terminated.

The maximum penalty for a violation of this Rule is disbarment.