Recent News

September 15, 2006

New Model Rules: maintaining client confidences

One of the changes in the New Model Rules being implemented February 1, 2007, deals with the subject of maintaining client confidences. James David Caruso of Arnold and Caruso in Toledo, an attorney who serves on the Supreme Court Task Force on Rules of Professional Conduct will explain these changes in The DaVinci Rules to be presented by the Columbus Bar on Sept. 29 from 9:00 to 11:45 a.m.

Concerning confidences, Caruso reports, “The former Code required an attorney to maintain the ‘confidences’ and ‘secrets’ of a client. The new Rules require the attorney to maintain the confidentiality of all information regarding the representation including confidences and secrets. [Rule 1.6].”

Caruso further says, “There are both permissive and mandatory exceptions to this rule. The permissive exceptions include: to prevent reasonably certain death or substantial bodily harm; prevent the commission of a crime by a client or other person; mitigate substantial injury to the financial interests or property of another resulting from the client’s commission of illegal or fraudulent act in furtherance of which the client used the lawyer’s services; to secure legal advice about a lawyer’s compliance with the rules; to establish claim or defense on behalf of the lawyer in a controversy between the lawyer and client including a disciplinary matter; and to comply with other law or a court order.”     

Join attorney Caruso as he discusses these as well as other modifications to professional conduct along with Stephanie Krznarich of Ohio Lawyers Assistance Program who will present the substance abuse portion of the program to complete the full Rule X CLE requirements for ethics, professionalism and substance abuse.

Register for event #3646-1 online at www.cbalaw.org or phone 614/221.4112. The cost is $85 prepaid/$95 day of for members, $125 prepaid/$135 day of for non-members and $55 prepaid/$65 day of for paralegals.