I am submitting these comments on behalf of the Ventura County Ethics and Professional Responsibility Committee and my comments as contained herein, are not necessarily the opinions of the Ventura County Bar Association. The Ventura County Ethics and Professional Responsibility Committee urges the Commission to disapprove Draft No. 6 of proposed revised Rule 1.6. Common law has recognized the importance of the sanctity of the attorney client relationship. Traditionally, lawyers have held inviolate the trust and confidence of the client on all matters including disclosures of prior acts or omissions, as well as confidences relating to potential future conduct. The policy considerations which are the fundamentals for requiring lawyers to preserve the client's secrets and confidences, as well as confidential communications, are not outweighed by the policy considerations behind the revisions to Rule 1.6.
Confidentiality encourages full disclosure.
If the client fears that the lawyer may, should, or must disclose client's confidences and secrets, as well as confidential communications, honesty and full candor will not be an element of that attorney client relationship. To effectively represent a client, full disclosure is an essential element. If there is full disclosure, the attorney can counsel the client and perhaps convince the client not to pursue the stated course of conduct. Without the confidentiality, the client doesn't disclose and the attorney is removed from the process of counseling the client. The Committee recognizes that in certain instances, disclosure of confidential information may be morally called for to protect someone from imminent and significant physical harm.