MARYLAND STATE BAR ASSOCIATION, INC. COMMITTEE ON ETHICS ETHICS DOCKET NO. 2016-07 As part of settling a lawsuit, does it violate the Maryland Rules of Professional Conduct for a defendant to propose to or for a plaintiff’s attorney to agree to never discuss or disclose the underlying facts of the lawsuit which are already a matter of public record? You asked the Committee to consider the following question under the Maryland Rules of Professional Conduct (“MRPC”): As part of settling a lawsuit, does it violate the Maryland Rules of Professional Conduct for a defendant to propose to or for a plaintiff’s attorney to agree to never discuss or disclose the underlying facts of the lawsuit which are already a matter of public record? We believe that such a request or an agreement would violate MRPC, Rule 5.6(b).
Under Rule 5.6, “[a] lawyer shall not participate in offering or making: (b) an agreement in which a restriction on the lawyer’s right to practice is part of the settlement of a client controversy.” Prior Committee Opinions In 1982, this Committee concluded that an attorney may not ask or agree, as a condition of settlement, that counsel “be prohibited from rendering future services to potential clients in pending litigation, parallel litigation, or future litigation.” Md. Bar Ass’n Ethics Op. 82-53 (1982). Such conduct was considered to be in violation of DR 2-108(B) of the Maryland Code of Professional Responsibility, which provided that “[i]n connection with the settlement of the controversy or suit, a lawyer shall not enter into an agreement that restricts his right to practice law.” Id.
Other jurisdictions have reached the same conclusion. See, e.g., Cal. State Bar Ass’n Formal Op. 1988-104 (applying California Code of Professional Conduct DR 2-109(A)). In 1998, this Committee concluded that MRPC Rule 5.6(b) did not prohibit an attorney from agreeing not to use or disclose a specific confidential memorandum that the attorney had obtained in litigation.
Adds a smart party CD tracker that you can anchor to your raid frames Client Author Portal. Last Updated: May 24, 2017 Game Version: 7.2.5. Owner: schakaqt. Downloading now. If your download doesn't start automatically, click here. 2001, 8 (2), 331-335. Cocktail party effect raises some interesting possibilities. Relevant message in a selective listening task (heights of frequency bars), and the proportion of those. Ability is intimately linked to working memory capacity.
Bar Ass’n Ethics Op. 1998-10 (1998). Our review in that case was tentative, given that the settlement agreement terms were open to legal interpretation. In a similar vein, however, other jurisdictions have repeatedly found that an attorney may agree to keep the non-public terms of a settlement agreement confidential.
See, e.g., N. Dakota State Bar Ass’n Ethics Op. Sekhmet goddess egypt. 1997-05 (1997) (citing numerous similar opinions). It is worth noting that neither our 1998 opinion nor the request here require analysis of the full extent to which an attorney may agree not to use or disclose confidential information pertaining to a matter. There may be a significant difference between a request not to use or disclose particular confidential documents or disclose the confidential terms of a settlement versus a broad agreement that defines “confidential information” such that an attorney is effectively precluded from representing clients in future, similar cases. See, e.g., ABA Formal Op. 2000-417 (2000) (finding that Rule 5.6 prohibits an attorney from broadly agreeing not to use any information gained during a representation in future representations against the opposing party or a related party).
In this opinion, we only have been asked to consider whether an attorney may be required to keep confidential agreements and information that is available to the public. Rule 5.6(b) and Public Information In other jurisdictions, Rule 5.6 or its equivalent, has been repeatedly applied to conduct that, while not expressly prohibiting a lawyer from representing certain clients, would have the same practical effect. Rules equivalent to Rule 5.6 have been interpreted to prohibit a broad agreement not to use or disclose any information learned about a case in future representations, ABA Formal Op. 2000-417; to prohibit an agreement to turn an attorney’s work product over to the opposing party, N.M. Bar Ethics Adv.
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MARYLAND STATE BAR ASSOCIATION, INC. COMMITTEE ON ETHICS ETHICS DOCKET NO. 2016-07 As part of settling a lawsuit, does it violate the Maryland Rules of Professional Conduct for a defendant to propose to or for a plaintiff’s attorney to agree to never discuss or disclose the underlying facts of the lawsuit which are already a matter of public record? You asked the Committee to consider the following question under the Maryland Rules of Professional Conduct (“MRPC”): As part of settling a lawsuit, does it violate the Maryland Rules of Professional Conduct for a defendant to propose to or for a plaintiff’s attorney to agree to never discuss or disclose the underlying facts of the lawsuit which are already a matter of public record? We believe that such a request or an agreement would violate MRPC, Rule 5.6(b).
Under Rule 5.6, “[a] lawyer shall not participate in offering or making: (b) an agreement in which a restriction on the lawyer’s right to practice is part of the settlement of a client controversy.” Prior Committee Opinions In 1982, this Committee concluded that an attorney may not ask or agree, as a condition of settlement, that counsel “be prohibited from rendering future services to potential clients in pending litigation, parallel litigation, or future litigation.” Md. Bar Ass’n Ethics Op. 82-53 (1982). Such conduct was considered to be in violation of DR 2-108(B) of the Maryland Code of Professional Responsibility, which provided that “[i]n connection with the settlement of the controversy or suit, a lawyer shall not enter into an agreement that restricts his right to practice law.” Id.
Other jurisdictions have reached the same conclusion. See, e.g., Cal. State Bar Ass’n Formal Op. 1988-104 (applying California Code of Professional Conduct DR 2-109(A)). In 1998, this Committee concluded that MRPC Rule 5.6(b) did not prohibit an attorney from agreeing not to use or disclose a specific confidential memorandum that the attorney had obtained in litigation.
Adds a smart party CD tracker that you can anchor to your raid frames Client Author Portal. Last Updated: May 24, 2017 Game Version: 7.2.5. Owner: schakaqt. Downloading now. If your download doesn't start automatically, click here. 2001, 8 (2), 331-335. Cocktail party effect raises some interesting possibilities. Relevant message in a selective listening task (heights of frequency bars), and the proportion of those. Ability is intimately linked to working memory capacity.
Bar Ass’n Ethics Op. 1998-10 (1998). Our review in that case was tentative, given that the settlement agreement terms were open to legal interpretation. In a similar vein, however, other jurisdictions have repeatedly found that an attorney may agree to keep the non-public terms of a settlement agreement confidential.
See, e.g., N. Dakota State Bar Ass’n Ethics Op. Sekhmet goddess egypt. 1997-05 (1997) (citing numerous similar opinions). It is worth noting that neither our 1998 opinion nor the request here require analysis of the full extent to which an attorney may agree not to use or disclose confidential information pertaining to a matter. There may be a significant difference between a request not to use or disclose particular confidential documents or disclose the confidential terms of a settlement versus a broad agreement that defines “confidential information” such that an attorney is effectively precluded from representing clients in future, similar cases. See, e.g., ABA Formal Op. 2000-417 (2000) (finding that Rule 5.6 prohibits an attorney from broadly agreeing not to use any information gained during a representation in future representations against the opposing party or a related party).
In this opinion, we only have been asked to consider whether an attorney may be required to keep confidential agreements and information that is available to the public. Rule 5.6(b) and Public Information In other jurisdictions, Rule 5.6 or its equivalent, has been repeatedly applied to conduct that, while not expressly prohibiting a lawyer from representing certain clients, would have the same practical effect. Rules equivalent to Rule 5.6 have been interpreted to prohibit a broad agreement not to use or disclose any information learned about a case in future representations, ABA Formal Op. 2000-417; to prohibit an agreement to turn an attorney’s work product over to the opposing party, N.M. Bar Ethics Adv.