Duty of Confidentiality
What does "Duty of Confidentiality" mean in law?
Under Model Rule 1.6, a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized to carry out the representation, or a specific exception applies. This duty is broader than the attorney-client privilege because it covers all information relating to the representation regardless of its source, not just confidential communications. Narrow exceptions permit disclosure to prevent reasonably certain death or substantial bodily harm, to prevent client fraud that would cause substantial financial injury, or to comply with court orders. The duty survives the termination of the attorney-client relationship.
Definition
Under Model Rule 1.6, a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized to carry out the representation, or a specific exception applies. This duty is broader than the attorney-client privilege because it covers all information relating to the representation regardless of its source, not just confidential communications. Narrow exceptions permit disclosure to prevent reasonably certain death or substantial bodily harm, to prevent client fraud that would cause substantial financial injury, or to comply with court orders. The duty survives the termination of the attorney-client relationship.
Example
A lawyer who tells a friend at a dinner party that her corporate client is planning a major acquisition has violated the duty of confidentiality, even though the friend is not a party to any litigation.