Practice point: An attorney may reveal confidences or secrets when their publication is necessary to defend against an accusation of wrongful conduct, pursuant to DR 4-101(C).
Practitioners should note that the rule may apply to allegations of malpractice and does not require an allegation of conduct rising to the level of criminality, pursuant to Restatement [Third] of Law Governing Lawyers § 64, Comment c.
Case: Hélie v. McDermott, Will & Emery, NY Slip Op 09289 (1st Dept. 2008)
The opinion is here.
