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Beware Atty Ethics Rules When Reporting COVID-19 Fraud (Law360)
Law360, November 19, 2020
Beware Atty Ethics Rules When Reporting COVID-19 Fraud
In connection with such retaliatory discharge actions, attorneys may disclose certain confidential information if it is necessary to do so. This view is supported by ethics opinions issued by the New York City Bar Association and the ABA, which make clear that the exception under current Rule of Professional Conduct 1.6(b)(5) — formerly Rule 1.6(b)(2) — that a lawyer may reveal information related to a representation to the extent necessary “to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client” applies in the context of retaliatory discharge or discrimination claims in the FCA context.
