Duty of Confidentiality

Duty of Confidentiality - What is owed to the client?

Duty restricted to:

(1) Information protected by attorney-client privilege

(2) other information gained in the professional relationship that would be embarrassing or detrimental to client or that the client expressly requested to be held in confidence

Multiple clients together cannot prevent others of the group:

from testifying or otherwise waiving the privilege of confidentiality.

What is privileged information?

Communications, not knowledge

Does privilege protect lawyers observations?

Observations are protected so long as the lawyer does not prevent others from making the same observations

Is physical evidence protected under the duty of confidentiality?

Physical evidence collected from the client is not privileged.

What are the exceptions to the duty of confidentiality?

• Client Waivers

• Future crimes and fraud