When an attorney is contemplating moving from one law firm to another, both parties need to identify potential client conflicts, and will want to share baseline financial information about the other in order to assess the economic benefit behind the move, which invariably is the driving force behind the discussions in the first place. Both considerations are governed by the limitations contained within Rule of Professional Conduct 1.6. This article explores the tension between the desire to fully vet the economics of a potential lateral transfer and the need to protect client confidences.

Disclosing information about client relationships is no simple matter, and must be approached with care. Both the moving attorney and the receiving law firm are subject to ethical limitations on the form and content of the information exchanged.

The touchstone for the analysis is found in ABA Formal Opinion 09-455, Oct. 8, 2009, titled “Disclosure of Conflicts Information When Lawyers Move Between Law Firms.” It addresses the scope of the limited exception set forth in Rule 1.6(b)(7) to the general proscription contained in Rule 1.6(a) that all client confidences must be protected. Rule 1.6(a) stipulates that a “lawyer shall not reveal information relating to representation of a client unless the client gives informed consent,” except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraphs (b) and (c).