Stephen assignment draft
MEMORANDUM
From: Stephen Haas
To: Reader
Date: July 8, 2011
Re: Divulging Confidential Information About our client Ener G. Traidor
Relevant Facts
Our client, Ener G. Traidor (“Traidor”), has retained our firm to assist with his acquisition of an oil drilling company. During the course of the representation, we discovered that Traidor’s plans involved drilling in a manner than could produce dangerous results for a nearby town’s water supply. We have presented Traidor our concerns about the impact of his drilling, but he has refused to take corrective measures.
At this point, our only option to prevent adverse consequences for the nearby town is to disclose our information to the public.
Issue Presented
The issue in this case is whether, under Illinois attorney ethics rules and, without violating the attorney-client privilege, we may disclose Traidor’s plans to the local authorities so as to spare the nearby town harmful environmental consequences.
Applicable Law
Under Illinois ethical rules, “[a] lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted” by other applicable rule. Ill. Sup. Ct. R. Prof'l Conduct, R 1.6(a).
However, an attorney may reveal confidential information “to prevent, mitigate or rectify substantial injury to the financial interests or property of another”, Ill. Sup. Ct. R.
Prof'l Conduct, R 1.6(b)(3) and shall do so “to the extent the lawyer reasonably believes necessary to prevent reasonably certain death or substantial bodily harm.” Ill. Sup. Ct. R.
Prof'l Conduct, R 1.6(c).
This exception allows an attorney to reveal confidential information “when a client seeks or obtains the services of an attorney in furtherance of criminal or fraudulent activity.” In re Marriage of Decker, 153 Ill. 2d 298, 313 (Ill. 1992). Furthermore, an
Illinois court observed that “it would be
From: Stephen Haas
To: Reader
Date: July 8, 2011
Re: Divulging Confidential Information About our client Ener G. Traidor
Relevant Facts
Our client, Ener G. Traidor (“Traidor”), has retained our firm to assist with his acquisition of an oil drilling company. During the course of the representation, we discovered that Traidor’s plans involved drilling in a manner than could produce dangerous results for a nearby town’s water supply. We have presented Traidor our concerns about the impact of his drilling, but he has refused to take corrective measures.
At this point, our only option to prevent adverse consequences for the nearby town is to disclose our information to the public.
Issue Presented
The issue in this case is whether, under Illinois attorney ethics rules and, without violating the attorney-client privilege, we may disclose Traidor’s plans to the local authorities so as to spare the nearby town harmful environmental consequences.
Applicable Law
Under Illinois ethical rules, “[a] lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted” by other applicable rule. Ill. Sup. Ct. R. Prof'l Conduct, R 1.6(a).
However, an attorney may reveal confidential information “to prevent, mitigate or rectify substantial injury to the financial interests or property of another”, Ill. Sup. Ct. R.
Prof'l Conduct, R 1.6(b)(3) and shall do so “to the extent the lawyer reasonably believes necessary to prevent reasonably certain death or substantial bodily harm.” Ill. Sup. Ct. R.
Prof'l Conduct, R 1.6(c).
This exception allows an attorney to reveal confidential information “when a client seeks or obtains the services of an attorney in furtherance of criminal or fraudulent activity.” In re Marriage of Decker, 153 Ill. 2d 298, 313 (Ill. 1992). Furthermore, an
Illinois court observed that “it would be