Is the identity of a client confidential?

“In most situations, the identity of a client is not considered confidential and in such circumstances Attorney may disclose the fact of the representation to Prospective Client without Witness Client’s consent.” Citing to Los Angeles County Bar Association Professional Responsibility and Ethics Committee Op.

Can lawyers tell people who their clients are?

The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients’ secrets, nor may others force them to.

Do lawyers have a duty of confidentiality?

In common law jurisdictions, the duty of confidentiality obliges solicitors (or attorneys) to respect the confidentiality of their clients’ affairs. Information that solicitors obtain about their clients’ affairs may be confidential, and must not be used for the benefit of persons not authorized by the client.

Is confidentiality required by law?

In general, recipients of confidential information are subject to an affirmative duty to keep the information confidential, and not to disclose it to third parties except as expressly permitted by the agreement. The recipient’s duty is often tied to a specified standard of care.

Under what circumstances is an attorney permitted to reveal confidential information?

Paragraph (b) carries forward the language of current rule 3-100 and provides that a lawyer may reveal confidential information to the extent necessary to prevent a criminal act resulting in serious bodily injury or death.

What are the exceptions to client confidentiality?

Which Circumstances Are Exempt from Confidentiality?

• The client is an imminent and violent threat towards themselves or others.
• There is a billing situation which requires a condoned disclosure.
• Sharing information is necessary to facilitate client care across multiple providers.

Is confidentiality an ethical or legal issue?

While confidentiality is an ethical duty, privacy is a right rooted in the common law. Understanding the difference between confidentiality and privacy can spare you a lot of confusion when signing contracts, establishing a client-attorney relationship, and generally knowing your rights in a given situation.

When does the rule of client-lawyer confidentiality apply?

The rule of client-lawyer confidentiality applies in situations other than those where evidence is sought from the lawyer through compulsion of law. The confidentiality rule, for example, applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source.

Can a lawyer disclose confidential information to a client without permission?

The privilege generally stays in effect even after the attorney-client relationship ends, and even after the client dies. In other words, the lawyer can never divulge the client’s secrets without the client’s permission, unless some kind of exception (see below) applies.

When does a lawyer have to discuss a matter with a client?

Whether such a law supersedes Rule 1.6 is a question of law beyond the scope of these Rules. When disclosure of information relating to the representation appears to be required by other law, the lawyer must discuss the matter with the client to the extent required by Rule 1.4.

What is the attorney-client privilege and why is it important?

The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients’ secrets, nor may others force them to. The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers provide