"I need to bail. What can I tell the court about why I'm withdrawing?"

I get this question a lot, and for good reason. On one hand: Every bit of information related to representation is presumptively confidential per Rule 1.6 and its state equivalents. (Different states interpret the rule differently; Wisconsin takes a particularly restrictive view.) On the other hand, if you need to move a court to withdraw, they usually want a reason (see Rule 1.16), and most of those reasons are going to contain, well, information related to representation.

This week, the ABA’s Center for Professional Responsibility released Formal Opinion 519, which detailed what lawyers can and can’t reveal. As it’s new, it’s not paywalled, so you can download it at your leisure.

This Opinion largely reflects what I advise in practice (so I’m not wildly off-base, that’s good). Some quick takeaways:

• If the information doesn’t concern the client (such as when it’s the lawyer’s own health issue requiring withdrawal), the lawyer can reveal what they want.

• Start small—if you must or may reveal something, reveal as little as possible in the motion. “Professional considerations require my withdrawal” may be sufficient. Hopefully the judge will get the hint.

• If the court wants more, suggest providing the information in camera.

• Your duty of confidentiality may trump your need or desire to withdraw. And, if a judge orders you to continue to represent a client, you shouldn’t be disciplined for continuing even if there is a conflict or other issue that would lead to discipline absent the court order.