Conflict and Trust between Attorney and Client

Professor Burt argues that mistrust pervades relations between attorneys and clients, though practical incentives and the formal norms of the legal profession lead both attorneys and clients to resist admitting this mistrust. Professor Burt further argues that the proposals regarding disclosure of client communications in the ABA Model Rules of Professional Conduct would add new incentives for such resistance and would exacerbate attorney-client mistrust. He suggests, paradoxically, that more stringent disclosure requirements might prompt honest exploration of attorney-client mistrust and might enhance trust in professional relations generally, even though attorneys would be required in some cases to forfeit clients\u27 trust by disclosing their communications