Client Confidentiality

What is the attorney-client privilege?

An evidentiary rule that prevents a court from using its powers to compel confidential communications betweeen an attorney and a client

What is the professional obligation of confidentiality?

Prohibits an attorney from voluntarily revealing information relating to the representation of the client

What is the different between attorney-client privilege and the duty of confidentiality?

Attorney client privilege protects only confidential communications

Duty of confidentiality covers confidential communications and any other information relating to representation. Prohibits disclosure of information and using it against the client

When does the attorney client privilege extend to an employee of the corporate client?

• when there is a communication between employee and the lawyer

• The employee communication is at the direction of the employee’s superior

• Employee knows that the purpose is to obtain legal advice for the corporation

• Communication concerns a subject within the scope of the employee’s duties to act for the corporation

What is not covered under the attorney-client privilege?

• the identity of the client

• Fee agreement, absent exceptional circumstances

• Preexisting documents and evidence