The Importance of Client Confidentiality

Client confidentiality is the foundation of the attorney client relationship. It is essential for the effective representation of the client. All attorneys are held to a very strict standard to maintain the confidential information of their clients.

Attorney Client Privilege


Attorney-client privilege and confidentiality are often mistaken as being one in the same; however, they are in fact different. While the attorney-client privilege protects communications between a client and his or her attorney from disclosure before a court, confidentiality protects a client from any information a client chooses to share with his or her attorney.

Policy

Why is confidentiality such an integral aspect of legal representation? The answer is trust-to effectively represent a client, an attorney needs the client's complete trust. Think of it this way, we are all more willing to share information that may be embarrassing or difficult to talk about with someone that we know we can trust. This is why attorneys are held to a high standard of protecting a client's confidential information.

Confidences and Secrets

With respect to client confidentiality, the definition of a secret is anything either the client has requested to be held in confidence or anything that, if told, would be detrimental to the client. Confidential information is any information related to the representation of the client. Furthermore confidential client information can only come from the client, whereas a client's secrets can come from any source.

Informed Consent

Only the client can give permission for his/her confidential information to be released. A client may give permission by -informed consent-. Informed consent requires the client to be made aware of the drawbacks and consequences of allowing their information to be made public. The client may also give a waiver in advance but must be fully informed of how and for what purpose the disclosures will be made.

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