Monday, June 21, 2010

N.J. Supreme Court: Should we adopt Massachusetts RPC 1.6 (b): lawyer may reveal confidences “to prevent wrongful execution or incarceration”?



The New Jersey Supreme Court’s Professional Responsibility Rules Committee has informed members of the bar that the Supreme Court has asked the Committee:


Should an attorney be required to maintain the confidentiality of information relating the representation of a client where the information demonstrates that an innocent person has been wrongly convicted of a crime with significant penal consequences?


New Jersey RPC 1.6 (b) Confidentiality of Information currently provides
(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


The Court has directed the Committee’s attention to Mass Jud. Ct. R. 3:07, which provides, in Massachusetts RPC 1.6 (b)(1)
A lawyer may “reveal . . . [confidential information relating to the representation of a client] . . . to prevent the wrongful execution or incarceration of another.”
The Committee has invited the state’s bar associations to comment on the suggestion by August 13, 2010.

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