The duty of confidentiality is much broader than the attorney-client privilege. As explained above, the duty of confidentiality applies to ALL information the attorney has about the client; it is not limited to conversations between the attorney and the client.
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The privilege does not apply if the client seeks the attorney’s services to engage in or assist a future crime or fraud. (NOTE: this is also an exception to the duty of confidentiality.)
That means, if someone else is present when the attorney and the client are having a conversation, it is generally not confidential and, therefore, not covered by the privilege! The client holds the privilege (and, therefore, only the client can waive it) and the privilege lasts forever – even beyond the termination of the attorney-client ...
It is not limited to communications between the attorney and the client. It applies in ALL scenarios, not just the court or litigation setting. Like the attorney-client privilege, the duty of confidentiality also lasts forever, surviving both the termination of the attorney-client relationship and the death of the client!
As explained above, the duty of confidentiality applies to ALL information the attorney has about the client; it is not limited to conversations between the attorney and the client. Furthermore, the duty of confidentiality applies to all settings, not just settings in which the rules of evidence apply .
If you review the Model Rules of Professional Conduct, you actually won’t find a rule for attorney-client privilege. The attorney-client privilege is an evidentiary rule that prevents a court from using its powers to compel the revelation of confidential communications between an attorney and a client.
The attorney-client privilege is an evidentiary rule that prevents a court from using its powers to compel the revelation of confidential communications between an attorney and a client. Important takeaways: It is a rule of evidence that applies in the court (or litigation) setting.
It is a rule of evidence that applies in the court (or litigation) setting. It only applies to communications (i.e., conversations) between the attorney and the client. The privilege only extends to confidential communications. That means, if someone else is present when the attorney and the client are having a conversation, ...
The duty of confidentiality is one of the fiduciary duties owed by an attorney to his or her client; the essential fiduciary duties are generally viewed as twofold: loyalty and confidentiality. 6068 (e) Cal Bus. & Profs. Code § 6068 (e) (1).
A communication is protected by the privilege only if it is intended to be confidential— that is, made with the expectation and intention that it will not be disclosed outside the attorney-client relationship.