New Jersey’s Rules of Professional Conduct provide that a lawyer “shall not” reveal information “relating to representation of a client,” subject to certain enumerated exceptions. RPC 1.6(a). Disclosure with “client consent” is one such exception. Disclosure of information that is “generally known” is another.

Subsection (d) of that rule lists five other exceptions; if any one of those exceptions is satisfied, the lawyer “may” reveal the information. For example, a lawyer “may” reveal such information “to the extent the lawyer reasonably believes necessary … to comply with other law.” RPC 1.6(d)(4). Subsection (d) expressly applies only when the lawyer reasonably believes that disclosure is necessary. And even if the lawyer reasonably believes that disclosure is necessary, disclosure is optional, not mandatory; the word “may” clearly indicates that disclosure is the lawyer’s choice.

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