A lawyer represents two clients with potential conflicts; which ABA Model Rules address confidentiality and communication?

• A. Model Rule 1.6 and 1.4
• B. Model Rule 1.4 and 2.1
• C. Model Rule 3.3 and 4.2
• D. Model Rule 5.3 and 1.6

Answer: (A)

Maintaining client confidentiality and keeping clients informed are central duties for a lawyer. Model Rule 1.6 establishes the duty of confidentiality, prohibiting the disclosure of information relating to the representation unless the client gives informed consent, the disclosure is impliedly authorized to carry out the representation, or a permitted exception applies. This rule covers all information learned through representing the clients, including communications between the lawyer and each client, and it remains in force even when potential conflicts exist.

Model Rule 1.4 governs communications, requiring lawyers to reasonably consult with clients, keep them informed about the status of the matter, promptly respond to reasonable requests for information, and explain matters to the extent reasonably necessary to allow informed decisions. In a situation with two clients who may have conflicts, the law firm still must protect each client’s information and maintain clear, timely communication about the conflict and any steps needed, such as discussing consent or the possibility of separate representation.

Other rules address different duties—such as candor to the tribunal, communications with represented persons, or obligations when using nonlawyer assistants—but they don’t directly address the combined areas of confidentiality and routine client communication.