What is considered a violation of the duties of loyalty and confidentiality?

Using confidential information to a client’s disadvantage without consent represents a clear violation of the duties of loyalty and confidentiality that an attorney owes to their client. The duty of confidentiality requires lawyers to protect information relating to the representation of a client, which is enshrined in rules of professional conduct.

This breach occurs because not only is the confidentiality of the shared information compromised, but the lawyer's actions may undermine the client's interests, potentially harming their position in legal matters. Loyalty demands that a lawyer act in the best interests of their client, and using confidential information against the client directly contradicts this principle. This principle ensures that clients can trust their attorneys fully, which is essential for a functional attorney-client relationship.

In contrast, while using confidential information to benefit the client might raise ethical questions, it does not inherently violate the duties of loyalty and confidentiality unless it is harmful or inappropriate. Sharing information with other lawyers can be permissible depending on the context, especially if it remains within the realm of the attorney-client privilege. Discussing case details in public may breach confidentiality, but unless it clearly disadvantages the client, it may not meet the threshold for a loyalty violation. Thus, the specific action of using confidential information to the client’s detriment without consent is the most serious