Lying MD Lawyer? What is the Law? Do you know a Maryland lawyer who lies?
If a judge asks you a question, as an attorney, do you answer truthfully or do you side with the duty of confidentiality to your client and refuse to answer the question which could negatively affect your client? The answer (as always): it depends. It depends on…the State you are in.
Maryland – The duty of Truth triumphs Confidentiality, but in D.C., Confidentiality to the client triumphs truth.
Rule 1.6 Confidentiality of Information
(a) A lawyer shall not reveal information relating to representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by paragraph (b).
(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:
(1) to prevent reasonably certain death or substantial bodily harm;
(2) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer’s services;
(3) to prevent, mitigate, or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client’s commission of a crime or fraud in furtherance of which the client has used the lawyer’s services;
(4) to secure legal advice about the lawyer’s compliance with these Rules, a court order or other law;
(5) 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, civil claim, or disciplinary complaint 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; or
(6) to comply with these Rules, a court order or other law.
*Disclaimer: None of this information on this page should be used as legal advice or relied upon. Please consult your attorney regarding your specific case. This blog is general information that may be outdated over a period of time.