Confidentiality in Private?

Interesting article on confidentiality, “Pillow Talk,” on pages 11-14 of this month’s Washington State Bar Association magazine. I wonder how many lawyers in real life meet the confidentiality standard illustrated in the text box on page 12? The standard certainly seems legally correct. But the article also asks whether this standard of confidentiality expects too much from lawyers. Ironically, the first paragraph in the magazine’s profile of King County Prosecutor Dan Satterberg, on page 59, seems inconsistent with  the WSBA’s own confidentiality article in this same magazine.

Comments

[Stephen Gillers]

When I was a young lawyer at Paul Weiss, Simon Rifkind sought to underscore the duty of confidentiality with this brief story. An important client needed to see him right away. It was the evening or the weekend. Judge Rifkind (as we called him) invited the client to his home. Mrs. Rifkind was there. After pleasantries, the client said "I suppose we can talk in front of your wife. She probably knows all about the case." Judge Rifkind replied: "She doesn't know anything at all. Come into my study."

I tell this story to my class.

But what if, hypothetically, your spouse/partner is also a lawyer, and he or she practices in the same area as you, and there is no conflict, and you want another, informed point of view on a thorny legal question?

[Brooks Holland]

Seems like this disclosure, if made for the specific purpose you indicate, could be impliedly authorized if handled consistent with comment 4 to Rule 1.6?