When does the duty of confidentiality begin for a lawyer?

The duty of confidentiality for a lawyer begins before a formal lawyer-client relationship is established. This principle is grounded in the idea that any communication a prospective client has with a lawyer regarding the potential for legal representation is subject to confidentiality. This means that if a person consults a lawyer for legal advice, even if the lawyer is not ultimately retained, the information shared is protected under the duty of confidentiality.

This protection is essential as it encourages individuals to seek legal advice without fear that their disclosures will be revealed to others. It promotes open and honest communication, which is vital for effective legal representation. This duty continues throughout the entire course of the representation and even after its conclusion, so long as the information remains confidential and does not fall within any recognized exceptions.

Understanding this principle is crucial for both lawyers and clients, as it lays the foundation for trust in the attorney-client relationship and ensures that sensitive information is treated with the appropriate level of care and respect.