Ethics
Florida considers exception to lawyer confidentiality rule to protect minor clients
The Florida Bar’s board of governors could propose an ethics rule change as early as March that would allow lawyers to disclose confidential information to protect minor clients from harm. (Image from Shutterstock)
The Florida Bar’s board of governors could propose an ethics rule change as early as March that would allow lawyers to disclose confidential information to protect minor clients from harm.
The board of governors’ rules committee presented the proposed amendment to the ethics rule on lawyer confidentiality at a January board meeting, the Florida Bar News reports.
The proposed amendment adds a new section to Florida Bar Rule 4-1.6 “permitting a lawyer to disclose confidential information to protect a minor client from a substantial risk of danger or harm,” the article reports.
The rules committee acted after the Florida Supreme Court asked the board of governors to propose revisions by May 1, according to the article. In a Nov. 12 letter, the state supreme court referred to a 2013 appellate decision that quashed a judge’s order for attorneys ad litem to reveal the location of a minor client who ran away from foster care. The minor had requested confidentiality.
The Florida Third District Court of Appeal said in R.L.R. v. State it could not “carve out an altogether new exception to the attorney-client privilege,” which is a job for the legislature or possibly the Florida Bar, the appeals court said.
The Florida Supreme Court will make the final decision on a rule change, the Florida Bar News article reports.
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