Criminal
Jun. 23, 2025
When confidentiality meets crime, California lawyers face a fine line
The American Bar Association's guidance about reporting criminal acts of a client does not necessarily apply in California.
Joanna L. Storey Mishler
Senior Counsel
Rosing Pott & Strohbehn
501 W Broadway A380
San Diego , CA 92101
Email: jmishler@rosinglaw.com
On March 5, 2025, the American Bar Association issued Formal Opinion 515 about a lawyer's discretion to report when a client commits a crime against the lawyer or against someone associated with, or related to, the lawyer. The opinion concludes that there is an implicit exception to the confidentiality protection of Model Rule of Professional Conduct ("MR") 1.6, such that the lawyer "may disclose information relating to the representation to the appropriate authority in ...
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