Digital Commons at St. Mary's University Faculty Articles School of Law Faculty Scholarship 2009 “Playing Chicken": An Instant History of the Battle over Exceptions to Client Confidentiality Michael S. Ariens St. Mary's University School of Law,
[email protected] Follow this and additional works at: https://commons.stmarytx.edu/facarticles Part of the Legal Ethics and Professional Responsibility Commons Recommended Citation Michael S. Ariens, “Playing Chicken": An Instant History of the Battle over Exceptions to Client Confidentiality, 33 J. Legal Prof. 239 (2008-2009). This Article is brought to you for free and open access by the School of Law Faculty Scholarship at Digital Commons at St. Mary's University. It has been accepted for inclusion in Faculty Articles by an authorized administrator of Digital Commons at St. Mary's University. For more information, please contact
[email protected]. “PLAYING CHICKEN”: AN INSTANT HISTORY OF THE BATTLE OVER EXCEPTIONS TO CLIENT CONFIDENTIALITY by Michael Ariens * I. INTRODUCTION In August 2001, the American Bar Association’s (ABA) House of Delegates rejected two of three proposed amendments to Model Rule of Professional Conduct 1.6 creating exceptions to the duty of client confidentiality. 1 The ABA’s Commission on Evaluation of Professional *Professor, St. Mary’s University School of Law, San Antonio, Texas. Thanks to the American Bar Foundation for allowing me access to its Oral History Program, including its oral history interview of Prof. John F. Sutton, Jr. 1See House of Delegates Proceedings , 126:2 A.B.A. Rep. 13, 37 (2001). Technically, the House adopted one amendment and rejected one amendment, Prop.