For the Defense - Vol. 4, Issue 2 - 22

it can potentially create between lawyer and client
are best left for another column-for now, the
important point is, there is a substantial amount of
consistent guidance on the wide breadth of Rule
1.6 confidentiality.
Considering this guidance, how do we interpret
the "self-defense exception," in the Pennsylvania
Rules of Professional Conduct? As mentioned
above, this exception, found at RPC 1.6(c)(4),
permits, but does not require, a lawyer to reveal
information to the extent the lawyer reasonably
believes necessary "to establish a claim or defense
on behalf of the lawyer in a controversy between
the lawyer and the client." Does "controversy"
include a disagreement as to the quality of the
lawyer's service? In Pennsylvania Bar Association,
Formal Bar Opinion 2014-200, the PBA opined
that defining controversy to include this type of
disagreement could result in a dilution of the
duty of confidentiality, a foundational rock of
the attorney-client relationship. Further, RPC
1.6, Comment 14 limits a lawyer's disclosure of
confidential information to "establish a claim or
defense" to civil, criminal, disciplinary or other
proceeding. Of course, a lawyer does not have
to wait to be sued or charged to defend him/
herself. See Restatement (Third) of the Law
Governing Lawyers, Section 64, Comment (c) ("A
lawyer may act in self-defense...to defend against
charges that imminently threaten the lawyer
or the lawyer's associate or agent with serious
consequences, including criminal charges, claims
of legal malpractice,...complaints in disciplinary
proceedings, and the threat of disqualification.
Imminent threats arise not only upon filing of
such charges but also upon the manifestation of
intent to initiate such proceedings by persons in an
apparent position to do so, such as a prosecutor or
aggrieved potential litigant.").
So-if you cannot respond to a negative
interview with particulars about the case-how
should you respond? First, take a deep breath.
While it is important to respond quickly, wait
until you are not angry and make sure you have a
trusted, level-headed colleague read your response
before you post it. Second, respond with empathy-
demonstrate that you are a caring lawyer who
listens and is concerned. Third, if you could have
done things better, say so, apologize and make

22

For The Defense

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Vol. 4, Issue 2


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For the Defense - Vol. 4, Issue 2

Table of Contents for the Digital Edition of For the Defense - Vol. 4, Issue 2

Contents
For the Defense - Vol. 4, Issue 2 - 1
For the Defense - Vol. 4, Issue 2 - 2
For the Defense - Vol. 4, Issue 2 - Contents
For the Defense - Vol. 4, Issue 2 - 4
For the Defense - Vol. 4, Issue 2 - 5
For the Defense - Vol. 4, Issue 2 - 6
For the Defense - Vol. 4, Issue 2 - 7
For the Defense - Vol. 4, Issue 2 - 8
For the Defense - Vol. 4, Issue 2 - 9
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For the Defense - Vol. 4, Issue 2 - 11
For the Defense - Vol. 4, Issue 2 - 12
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For the Defense - Vol. 4, Issue 2 - 14
For the Defense - Vol. 4, Issue 2 - 15
For the Defense - Vol. 4, Issue 2 - 16
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For the Defense - Vol. 4, Issue 2 - 20
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For the Defense - Vol. 4, Issue 2 - 24
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For the Defense - Vol. 4, Issue 2 - 45
For the Defense - Vol. 4, Issue 2 - 46
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https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue3_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue2_2021
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https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue2_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue1_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue4_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue3_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue2_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue1_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue4_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue3_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue2_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue1_2018
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue4_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue3_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue2_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue1_2017
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue4_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue3_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue2_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue1_2016
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