Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com Dear Council Members (cc to Kathy Kleiman) In yesterday's Town Hall, there appeared to still be some question as to whether attorneys are required to keep the identity of a client confidential unless they have consent to disclosure. As to the U.S., a colleague referred me to American Bar Association Formal Opinion 480. An excerpt appears below and the entire opinion is at the link. "As Comment [2] emphasizes, “[a] fundamental principle in the client-lawyer relationship is that, in the absence of the client’s informed consent, the lawyer must not reveal information relating to the representation.” This confidentiality rule “applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source.”6 In other words, the scope of protection afforded by Rule 1.6 is far broader than attorney-client privileged information. Unless one of the exceptions to Rule 1.6(a) is applicable, a lawyer is prohibited from commenting publicly about any information related to a representation. Even client identity is protected under Model Rule 1.6. https://www.americanbar.org/content/dam/aba/administrative/professional_resp... Thank you, Anne