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Warning
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LSDefine
Simple English definitions for legal terms
attorney's duty of confidentiality
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A quick definition of attorney's duty of confidentiality :
An attorney's duty of confidentiality is a promise that a lawyer makes to their clients to keep their information private. This means that the lawyer cannot tell anyone else what their client has told them, unless the client says it's okay or if the lawyer needs to tell someone to prevent harm or follow the law. Even after the lawyer is no longer working with the client, they still have to keep the information private. There are only a few exceptions to this rule, like if the client gives permission or if the information is already widely known.
A more thorough explanation:
An attorney's duty of confidentiality is a responsibility that a lawyer has to keep their client's information private. This duty is not just limited to legal demands, but it is in effect at all times. It means that lawyers must not disclose any information about their client's representation without their client's permission. This information is privileged because of the trust between the attorney and the client.
However, there are exceptions to this duty. For example, if the client gives informed consent, the lawyer may disclose the information. Additionally, if the information is in the impliedly authorized category according to Rule 1.6 of professional conduct of the ABA, or the information is "generally known," the lawyer may disclose the information.
The implied authorized category includes information that a lawyer may choose to disclose if they reasonably believe it is necessary to prevent harm to someone, prevent a client from committing a crime or fraud, or to comply with other laws or court orders. The "generally known" exception only applies to the use of the information, not the disclosure of it. Information is considered "generally known" if it is widely recognized by members of the public in the relevant geographic area or in the former client's industry, profession, or trade.
For example, if a lawyer represents a client who is planning to commit a crime, the lawyer may disclose the information to prevent harm to others. Additionally, if a client gives informed consent, the lawyer may disclose information about their representation. However, if the information is not within the exceptions, the lawyer must keep it confidential.
attorney work product privilege | attorney's fees (or attorneys' fees)