Attorney-Client Privilege vs. Duty of Confidentiality

When you hire a lawyer, you should feel comfortable sharing confidential information with the lawyer so they can provide you with the best legal advice and representation. If you withhold important information from your lawyer or don't tell them the truth, you could be doing yourself a disservice. Your lawyer can't defend you against something you didn't tell them about.

Information you share with your lawyer may be protected by the attorney-client privilege and/or the duty of confidentiality.

The attorney-client privilege is an evidentiary rule—a rule governing what kind of information and evidence can be presented at a trial or court-like setting. Under the attorney-client privilege, information you share with your lawyer in a confidential manner for the purpose of getting legal advice or services is considered privileged, which means a judge cannot compel you or your lawyer to reveal it. However, the attorney-client privilege comes with several exceptions that can allow the judge to break the privilege. One notable exception is if you seek the lawyer's advice to commit a crime or fraud in the future. Another notable exception is if you waive the privilege; this is because you (the client) are the one who holds the privilege, so you have the option of waiving the privilege if you wish.

The duty of confidentiality is an ethical rule—a rule governing the professional conduct of lawyers. Each state has Rules of Professional Conduct (RPC) that regulate the conduct of attorneys licensed to practice law in the state. These RPCs are, in turn, largely based on the American Bar Association (ABA) Model Rules of Professional Conduct. Under both the ABA Model Rules and state-level RPCs, lawyers have a professional ethical duty to keep client information confidential, even after the attorney-client relationship ends. The duty of confidentiality is broader than the attorney-client privilege because the duty of confidentiality covers various kinds of information arising out of the attorney-client relationship , not only information you share with the lawyer in a confidential manner for the purpose of getting legal advice or services.

Thickstun Luo LLC may be able to help you with your legal needs in Illinois or Indiana. Contact us today for a consultation.

LEGALESE is an online blog by Thickstun Luo LLC. The blog explains legal terms and concepts in plain English.

Disclaimer: The LEGALESE blog and the posts therein do not form an attorney-client relationship between you and Thickstun Luo LLC. Furthermore, this blog is not intended to render legal advice regarding your specific situation. You should consult an attorney for specific legal advice. Some content in LEGALESE blog posts pertain to state-specific legal rules and concepts that may not be applicable in every jurisdiction.