State Bar of Arizona Ethics Opinions

94-12: Client Confidences; Reporting Misconduct

A lawyer may refrain from or delay reporting misconduct of his client's former lawyer, at the request of the client, when the underlying information upon which the complaint would be based was disclosed to the inquiring attorney during the course of representation and, therefore, is protected by ER 1.6. Since the situation does not involve an exception to the confidentiality rule, ER 1.6 trumps ER 8.3 and the facts cannot be disclosed.

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