Ethics Question of the Week: What info can I reveal if I have to sue client?

Q. If I’m forced to sue my client for a fee, can I disclose in pleadings or in open court the services I rendered to the client or is that breaching a confidence?

A. Rule 1.6 provides broadly that a lawyer shall not reveal “information relating to the representation of a client.”   However, subpart (b)(5) of the Rule allows a lawyer to reveal such information “to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client.”  Comment [11] to the Rule notes “a lawyer entitled to a fee is permitted by (b)(5) to prove the services rendered in an action to collect it.” 

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

Disclaimer. These questions are representative of calls received on the ISBA’s ethics hotline. The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed. The information provided isn’t legal advice. Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.