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Prof Responsibility • Confidentiality
PR#059
Legal Definition
The duty of confidentiality is the duty to the client to keep their confidences and secrets (i.e., those "related to the representation"). The duty relates to all information, regardless of whether the client deems it confidential, how it was acquired, or whether revealing it might embarrass the client. The duty of confidentiality is broader than the attorney-client privilege, which applies only to communications.
Plain English Explanation
Imagine a lawyer as a vault, not just for the client's words, but for every scrap of information about their case. This vault is sealed tight, protecting far more than most people realize.
When you hire a lawyer, you're not just getting legal advice - you're getting a professional secret-keeper. This duty of confidentiality is like a protective bubble that surrounds everything related to your case. It doesn't matter if you casually mentioned something, if the lawyer overheard a conversation, or even if they figured something out on their own - it's all protected.
This rule goes beyond what many might expect. Even if you don't specifically say, "This is confidential," your lawyer treats it as if you did. They're not just keeping quiet about the embarrassing stuff - they're keeping quiet about everything. It's like having a friend who not only doesn't spill your secrets but also doesn't even hint that secrets exist.
It's important to understand that this duty is broader than the attorney-client privilege you learned about in other cards. That privilege is like a shield in court, stopping others from forcing your lawyer to reveal your communications. But the duty of confidentiality? That's more like a gag order on your lawyer, preventing them from voluntarily sharing any information about your case, in any context.
In other words, when you hire a lawyer, you're not just getting legal expertise. You're getting a professional who is ethically bound to be your ultimate confidant, protecting your information as fiercely as if it were their own deepest secret.
When you hire a lawyer, you're not just getting legal advice - you're getting a professional secret-keeper. This duty of confidentiality is like a protective bubble that surrounds everything related to your case. It doesn't matter if you casually mentioned something, if the lawyer overheard a conversation, or even if they figured something out on their own - it's all protected.
This rule goes beyond what many might expect. Even if you don't specifically say, "This is confidential," your lawyer treats it as if you did. They're not just keeping quiet about the embarrassing stuff - they're keeping quiet about everything. It's like having a friend who not only doesn't spill your secrets but also doesn't even hint that secrets exist.
It's important to understand that this duty is broader than the attorney-client privilege you learned about in other cards. That privilege is like a shield in court, stopping others from forcing your lawyer to reveal your communications. But the duty of confidentiality? That's more like a gag order on your lawyer, preventing them from voluntarily sharing any information about your case, in any context.
In other words, when you hire a lawyer, you're not just getting legal expertise. You're getting a professional who is ethically bound to be your ultimate confidant, protecting your information as fiercely as if it were their own deepest secret.
Hypothetical
Hypo 1: Sam hires Bob to represent him in a contract dispute. During their conversations, Sam reveals that he has a serious medical condition that might affect his ability to work. This information is not directly related to the contract dispute. Result: Bob must keep this information confidential, as it relates to the representation and falls under the duty of confidentiality, even though Sam did not specifically ask for it to be kept secret.
Hypo 2: Sam sends Bob an email containing sensitive details about his financial situation, asking for advice on a legal matter. Bob later discusses these details with a colleague outside the firm to get a second opinion without Sam’s consent. Result: Bob has breached the duty of confidentiality because he shared information related to the representation without Sam’s permission, regardless of the context in which it was shared.
Hypo 2: Sam sends Bob an email containing sensitive details about his financial situation, asking for advice on a legal matter. Bob later discusses these details with a colleague outside the firm to get a second opinion without Sam’s consent. Result: Bob has breached the duty of confidentiality because he shared information related to the representation without Sam’s permission, regardless of the context in which it was shared.
Visual Aids
Related Concepts
How does California's Rule 1.13 regarding Organizations as Clients differ from the ABA rules?
If a lawyer for an organization becomes aware that someone from the organization intends to break the law, how must the lawyer respond?
If an attorney in California becomes aware that their client is violating state or federal securities law, what must they do?
In California, what are the three exceptions to the Duty of Confidentiality?
What are the seven permissive exceptions, under the ABA, to the Duty of Confidentiality?
