Are Attorneys Bound by Information Subpoenas?

[justlearning]

I'd like to find out if an attorney is bound to comply with an Information Subpoena directing him or her to disclose a client's address, employment, assets or any personal information. For example, if a client uses a post office box for mail delivery, would an attorney be bound to disclose the street address for service? Or would an attorney have the legal privilege to deny access to any information requested?

 

[Michael Wechsler]

I'd like to find out if an attorney is bound to comply with an Information Subpoena directing him or her to disclose a client's address, employment, assets or any personal information. For example, if a client uses a post office box for mail delivery, would an attorney be bound to disclose the street address for service? Or would an attorney have the legal privilege to deny access to any information requested?

That's a very good question and I think I know where you are going with this. Personally if I was the attorney I would argue that it is covered under the attorney-client privilege. The real issue here is whether providing information such as an address or place of business is a "confidential communication between an attorney and client which is made for the purpose of obtaining legal assistance." In many states the actual scope of the "communication" is very vaguely defined, leaving this issue open for judicial interpretation. Some may say (and rightfully so) that these are facts that have nothing to do with jeopardizing one's case and are mutually exclusive to the communications that would be subject to confidentiality. I'm really not sure. You can always try but I wouldn't be surprised if a law firm would balk at disclosure and require you to seek the assistance of the courts to obtain this information.

 

[Michael Wechsler]

Here is the State of Georgia confidentiality requirement. It is much stricter than the California model that I was using above, which is so open ended that it is difficult to say what is and what isn't defined other than a "confidential communication." I left in one or two comments as they are helpful in understanding this state's view on what is privileged -- and it seems that Georgia takes a very strong view that more information, rather than less, is protected. The idea is to facilitate the ability for clients to share as much as possible with their attorneys. They may not go to an attorney or provide appropriate contact information if they knew that this information could be easily disclosed and a failure to provide client contact information would seriously strain the effectiveness of the attorney-client relationship.



State of Georgia

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.

Comment

[2] The observance of the ethical obligation of a lawyer to hold inviolate confidential information of the client not only facilitates the full development of facts essential to proper representation of the client but also encourages people to seek early legal assistance.

[4] A fundamental principle in the client-lawyer relationship is that the lawyer maintain confidentiality of information relating to the representation. The client is thereby encouraged to communicate fully and frankly with the lawyer even as to embarrassing or legally damaging subject matter.

[5] The principle of confidentiality is given effect in two related bodies of law, the attorney-client privilege (which includes the work product doctrine) in the law of evidence and the rule of confidentiality established in professional ethics. The attorney-client privilege applies in judicial and other proceedings in which a lawyer may be called as a witness or otherwise required to produce evidence concerning a client. The rule of client-lawyer confidentiality applies in situations other than those where evidence is sought from the lawyer through compulsion of law. Rule 1.6: Confidentiality of Information applies not merely to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source. A lawyer may not disclose such information except as authorized or required by the Rules of Professional Conduct or other law. See also Scope. The requirement of maintaining confidentiality of information relating to representation applies to government lawyers who may disagree with the client's policy goals.