Rule 1.6 confidentiality: what a lawyer can share when introducing a client
Only what the client has agreed to. ABA Model Rule 1.6 bars a lawyer from revealing information relating to a representation without the client's informed consent, implied authorization or a listed exception, and some bar opinions treat even the client's identity as confidential. Get informed consent first, share basic fit facts only, and never pass on documents or records.
The short answer
Before an introduction, a lawyer can share only what the client has given informed consent to share. Rule 1.6 protects all information relating to the representation, not just privileged communications, and an introduction made for a new business opportunity, particularly one that could pay the lawyer a reward, is a poor fit for implied authorization. Ask first, share the minimum, and never send documents.
What Rule 1.6 actually covers
Model Rule 1.6(a) says a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized to carry out the representation, or a paragraph (b) exception applies. The ABA's Model Rules of Professional Conduct are a template that each state adopts in its own form, so read your state's rule and its comments rather than the Model Rule alone.
Three features matter when you are thinking about an introduction:
- It is broader than privilege. The Model Rule's comments extend confidentiality to all information relating to the representation, whatever its source, not only what the client told you in confidence.
- Client identity can be protected. The Illinois State Bar Association's Advisory Opinion 12-03, written about lawyers in networking groups with nonlawyer professionals, treats a client's identity as confidential, so the client must consent before the lawyer shares the client's name. The same opinion allows reciprocal referral arrangements only if they are non-exclusive, the client is informed, and the lawyer's independent judgment is unaffected.
- Implied authorization is narrow. It covers disclosures that carry out the work you were hired to do. An introduction to a data licensing program serves a different opportunity, so rely on express informed consent instead.
Under the Model Rules, informed consent means agreement after the lawyer has explained the material risks of, and reasonably available alternatives to, the proposed course of action. For an introduction, that explanation is short, and the script below covers it.
What you can share, and what stays with you
Even with consent, share only what SourceX needs to judge basic fit.
| Item | With informed consent? | Note |
|---|---|---|
| The fact that you represent the company | Only if the client agrees | Identity can itself be confidential |
| Company name plus the sponsor's contact details at work | Yes, if approved | SourceX needs a way to reach the sponsor |
| Headcount band, years in operation, kinds of systems | Yes, if approved | Lets SourceX check the size floor of 50+ full-time employees at peak (contractors excluded) and the operating history |
| Disputes, litigation holds or regulatory inquiries | No | Raise these privately with the client; they may affect rights to license |
| Financing, sale process or deal status | No | Never needed for an introduction |
| Contracts, privileged memos, data samples or exports | Never | Partners never export, upload or describe confidential records |
How the rule plays out in practice
| Situation | What to check | Typical outcome to confirm |
|---|---|---|
| Outside general counsel to a mid-sized company | Engagement letter terms and who can consent for the company | Written consent from an authorized officer |
| M&A counsel during a live sale process | NDA, exclusivity terms and deal-team approval | Usually wait; any license must fit the transaction |
| A former client | Duties to former clients continue after the matter ends | Apply the same consent standard |
| A client controlled by a receiver or assignee | Who now has authority over the company and its assets | Consent from the receiver or assignee, with any court approval required |
| A networking group asks members for client leads | Your state's position on client identity and referral arrangements | Do not share names without each client's consent |
| In-house counsel introducing the employer | The employer is the client; internal approval policies | Get authorization inside the company first |
Getting informed consent that holds up
- Explain what SourceX does: it manages data licensing between companies and AI developers, and the company keeps ownership of its records.
- List exactly what you would share and what you would not.
- Explain the risk: SourceX learns the company is exploring licensing, though any data work happens only under a signed agreement with redaction rules agreed first.
- Disclose your own interest in the same conversation, since a possible reward can raise conflict questions; see does ABA Rule 5.4 stop a lawyer from earning a referral reward?
- Offer the alternatives: the company can apply itself through your referral link, apply with no partner at all, or decline.
- Get the answer in writing from an authorized officer and file it using the checklist in how to document client consent before an introduction.
A consent request you can adapt:
Why this fits how SourceX works
The program asks less of a lawyer than Rule 1.6 permits with consent. A partner's job ends with the introduction and a handful of fit facts, and partners are never asked to export, upload or describe confidential records. Before any data work starts, the company and SourceX settle de-identification and redaction rules, and nothing is delivered until there is an executed agreement and the company authorizes it. Nothing in the process requires you to reveal more than a name and a few facts.
Financial advisors face a parallel question under federal privacy rules, covered in the Regulation S-P page for advisors.
How the reward works
Partners earn 25% of the eligible platform fees SourceX actually collects from the referred company's licensing deals, capped at $100,000 per referred company, and rewards become payable only after the buyer pays and SourceX receives its fee. No reward is guaranteed, and the client's proceeds are not reduced by it. Whether to keep, decline or credit it is your decision under your rules; the guide to crediting a referral fee to your client sets out the options, and the program terms cover the rest.
This is general information, not legal, tax or financial advice. Confirm with your own counsel, tax adviser or professional body before acting.
Next step
To gauge fit before raising it, try the company fit checker; it asks for no contact details, so no client is named, and its result is only a preliminary indication. With the client's written consent in hand, register as a partner and share your referral link.
- Step 1Share your linkSend your personal link to a company you know.
- Step 2Company appliesThe company applies itself at /apply.
- Step 3Buyer selects and paysThe buyer selects and pays for the data and SourceX receives its fee.
- Step 4You get your rewardYour share of SourceX fees becomes payable.
Common questions
Can a lawyer tell a referral partner who their clients are?
Generally not without consent. Rule 1.6 covers information relating to the representation, and some bar opinions treat the identity of a client as confidential in itself. Ask the client before you mention them to any referral program, networking group or business contact, and keep a written record of what they agreed you could say.
Is publicly available information about a client still confidential?
Often, yes. Do not assume that information being public releases you from the duty, because the Model Rule's text turns on information relating to the representation. State versions and comments differ, so check yours. For an introduction, the question rarely matters, because you can simply ask the client before saying anything.
Who can give informed consent when the client is a company?
The organization is the client, so consent must come from someone with authority to act for it, usually an owner, chief executive, chief financial officer or general counsel. A friendly manager who lacks that authority cannot consent on the company's behalf. Confirm who holds authority before you rely on any approval.
Does the client's consent need to be in writing?
Model Rule 1.6 does not itself require written consent, but writing is the sensible practice. If the possible reward creates a conflict, the conflict rules in your state may require informed consent confirmed in writing anyway. One email that sets out what you will share and your possible reward, with a reply from the client, covers both.
What if the client wants me to send documents to show what their data is worth?
Decline. Partners never handle, export or describe a company's records, and sending them would go well beyond what an introduction needs. The company shares material with SourceX directly, and only under a signed agreement with redaction rules settled first. Point the client to the referral link so it can start that process itself.
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By SourceX Partnerships Team · Published 2026-10-09 · Updated 2026-10-09
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