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St. Thomas Law Review

First Page

153

Document Type

Article

Abstract

This Essay asserts that the Model Rules do not sufficiently address the unique problems that criminal defense attorneys face, especially in this scenario. Although the authoritative measure of the Model Rules is found within the text of each individual rule, any "bright-line" solution to the problem is obscured when the Preamble and Scope are read in conjunction with the text of Model Rule 1.6. To resolve this dilemma, this Essay proposes an amendment to Model Rule 1.6 that seeks to effectively address the relevant concerns of the presented scenario. According to the proposed amendment, the attorney's solution is mandated by the language of the amended rule, and the ability to disclose the information is based solely on the attorney's own conduct as opposed to that of the criminal defendant.

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