All potential clients who meet with me automatically have attorney-client privilege and confidentiality for our conversation. What’s the difference between attorney-client privilege and attorney-client confidentiality? And, why does it matter?
What’s Attorney-Client Privilege?
If I’m giving legal advice, such as on an Installment Agreement with the IRS, then I am barred by both federal and California law from divulging any of your matter information or advice, even if asked about it under oath at a deposition or trial. This attorney-client privilege protects confidential communication between me and potential or existing clients. It makes it safe for clients to be utterly honest about the situation causing them to seek legal advice, which improves the quality of legal advice that I can give. Attorney-client privilege also extends to all forms of communication: spoken, written, email or text.
What’s Attorney-Client Confidentiality?
If I am speaking (or emailing or texting) with a client and, for some reason, attorney-client privilege does not apply, then I am still ethically barred from divulging the conversation to others. This might occur, for example, if a non-client is also in the conversation, such as a spouse, friend or adult child. The national, ABA (American Bar Association) American Bar Association, as well as all state Bar Associations in the U.S., require confidentiality as one of the ethical obligations of attorneys. In California, the duty of confidentiality is also legally mandated.
My staff, even though they are not attorneys, are also covered by the same duty to maintain attorney-client privilege and confidentiality. In fact, as part of the hiring process, each new employee of mine is required to read the laws on attorney-client privilege and confidentiality, and sign an oath swearing they will uphold both. This gives my clients confidence that they can also share sensitive information with my staff without it being divulged or compromised. In short, Sebastian, my feline paralegal can’t go meowing about your legal issues to any other cats or people.
July 8, 2027