Annual Ethics Program Confidentiality: Part 1 – Strength and Scope of the Duty

Strength and Scope of the Duty

October 8, 2014

One Independent Drive, Suite 3500
Jacksonville, FL 32202

Topics

  • The strength of the duty
  • The source, timing and content of information that lawyers must keep confidential (For instance, does the duty cover information in the public record, or the disclosure of which would not harm the client?)
  • Comparison with the attorney-client privilege
  • When the confidentiality duty begins (in the context of unsolicited emails and interviews with prospective clients)
  • When the duty ends
  • What steps lawyers must take to protect client confidences, especially in the context of electronic communications