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Case 1:20-cr-00330-PAE Document 731-1 Filed 07/14/22 Page9of14 The State Bar of California Rule 1.6 Confidential Information of a Client (Rule Approved by the Supreme Court, Effective November 1, 2018) (a) — A lawyer shall not reveal information protected from disclosure by Business and Professions Code section 6068, subdivision (e)(1) unless the client gives informed consent,” or the disclosure is permitted by paragraph (b) of this rule. (6b) A lawyer may, but is not required to, reveal information protected by Business and Professions Code section 6068, subdivision (e)(1) to the extent that the lawyer reasonably believes* the disclosure is necessary to prevent a criminal act that the lawyer reasonably believes” is likely to result in death of, or substantial* bodily harm to, an individual, as provided in paragraph (c). (c) Before revealing information protected by Business and Professions Code section 6068, subdivision (e)(1) to prevent a criminal act as provided in paragraph (b), a lawyer shall, if reasonable* under the circumstances: (1) make a good faith effort to persuade the client: (i) not to commit or to continue the criminal act; or (ii) to pursue a course of conduct that will prevent the threatened death or substantial* bodily harm; or do both (i) and (ii); and (2) inform the client, at an appropriate time, of the lawyer’s ability or decision to reveal information protected by Business and Professions Code section 6068, subdivision (e)(1) as provided in paragraph (b). (d) In revealing information protected by Business and Professions Code section 6068, subdivision (e)(1) as provided in paragraph (b), the lawyer's disclosure must be no more than is necessary to prevent the criminal act, given the information known* to the lawyer at the time of the disclosure. (e) A lawyer who does not reveal information permitted by paragraph (b) does not violate this rule. Comment Duty of confidentiality [1] Paragraph (a) relates to a lawyer’s obligations under Business and Professions Code section 6068, subdivision (e)(1), which provides it is a duty of a lawyer: “To maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client.” A lawyer’s duty to preserve the confidentiality of client information involves public policies of paramount importance. (/n Re Jordan (1974) 12 Cal.3d 575, 580 [116 Cal.Rptr. 371].) Preserving the confidentiality of client information contributes to the trust that is the hallmark of the lawyer-client relationship. The client is thereby encouraged to seek legal assistance and to communicate fully and frankly with the lawyer even as to embarrassing or detrimental subjects. The lawyer needs this information to represent the client effectively and, if necessary, to advise the client to DOJ-OGR-00011415