#53 · 2026-09-28 · Legal term
Duty of confidentiality
Answer: Duty of confidentiality. Under ABA Model Rule 1.6 and state analogues, lawyers must not reveal information relating to the representation except as the rules permit or require. The duty is ethical (not merely evidentiary), applies beyond compelled proceedings, is broader than the attorney–client privilege, and continues after representation ends.
Rule to remember
Duty of confidentiality: an attorney’s ethical duty not to affirmatively disclose information relating to the representation, during and after the engagement, unless an exception in Rule 1.6 or other law permits or requires disclosure.
Key elements and checks
- Scope: covers all information relating to the representation, whatever its source (not just client confidences).
- Duration: continues after the client–lawyer relationship ends.
- Baseline rule: no disclosure absent client informed consent or implied authorization to carry out the representation.
- Permissive exceptions: prevent reasonably certain death or substantial bodily harm; prevent/rectify specified crimes or frauds using the lawyer’s services; secure legal-ethics advice; defend against claims; comply with law/court order; detect/resolve conflicts without prejudicing the client.
- Nature: ethical duty, distinct from evidentiary privileges; breach can lead to discipline.
- Contrast: attorney–client privilege protects certain communications in proceedings; this duty restrains voluntary disclosure in everyday practice.
In the source’s words
“the duty of confidentiality is in effect at all times, not just in the face of legal demands (e.g., by a court) for client information.”
Attorney’s duty of confidentiality — Wex (LII)
“The rule of client-lawyer confidentiality applies in situations other than those where evidence is sought from the lawyer through compulsion of law.”
204 Pa. Code r. 1.6 — Confidentiality of Information (LII)
States adopt variants of Rule 1.6. The scope and whether some disclosures are mandatory or permissive vary by jurisdiction. Always check the local rule text and comments.