Client Confidentiality
Three bodies of law protect client information: the attorney-client privilege, the work-product doctrine, and the ethical duty of confidentiality in Rule 1.6. They differ in scope and in what they protect against.
The ethical duty
Rule 1.6 covers all information relating to the representation, whatever its source, including public records. Disclosure is allowed with informed consent, when impliedly authorized, or under seven listed exceptions, such as preventing reasonably certain death or substantial bodily harm. The exceptions permit disclosure; they rarely require it.
Privilege and work product
The privilege protects confidential communications made to obtain legal advice, not the underlying facts, and it survives the client's death. It does not protect communications in furtherance of a future crime or fraud. Work product protects litigation materials, with a lawyer's mental impressions almost fully shielded. The study guide contrasts all three with worked examples and a decision chart.
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