The Attorney-Client Relationship And Confidentiality

A hallmark of the professional relationship between clients and their attorneys is the clear understanding that any information conveyed to the attorney will be kept confidential. Disclosure of the information occurs only with the client's consent and for the purpose of effectuating the client's goals in the transaction or case.

This concept is much more than just a lofty ideal. It is mandated by both law and the Code of Professional Responsibility for all attorneys.

By law, attorney-client confidential communications are privileged. Even a court has no power to compel the attorney to disclose information which is within the scope of the privilege. Here is the way a leading commentator summed it up:

"The privilege against disclosure of confidential communication between attorney and client existed at common law as early as the sixteenth century. Originally based on the code of honor of the attorney, the privilege now rests on the policy of encouraging persons needing professional advice to disclose freely the facts in reference to which they seek advice, without fear that such facts will be made public to their disgrace or detriment by their attorney." (R. Farrell, Prince-Richardson on Evidence, §5-201, 11th Ed. 1995)

Under the Lawyer's Code of Professional Responsibility in New York, "a lawyer shall not knowingly reveal a confidence or secret of a client," or "use a confidence or secret of a client to the disadvantage of the client." This ethical duty arises because:

"Both the fiduciary relationship between lawyer and client and the proper function of the legal system require the preservation by the lawyer of confidences and secrets of one who has employed or sought to employ the lawyer. A client must feel free to discuss anything with his or her lawyer and a lawyer must be equally free to obtain information beyond that volunteered by the client. A lawyer should be fully informed of all the facts of the matter being handled in order for the client to obtain the full advantage of our legal system. It is for the lawyer in the exercise of independent professional judgment to separate the relevant and important from the irrelevant and unimportant." (Ethical Considerations, Canon 4-1)

Recently, Congress passed a law, which is being implemented by the Federal Trade Commission, requiring entities that provide tax planning or tax preparation services to notify their clients and customers of their privacy policies and practices. We therefore take this opportunity to formally advise you of the confidentiality obligations which govern our conduct with respect to your information.

At our firm, you may have the utmost comfort that this policy is honored in connection with the legal services we provide for you. As the name of our newsletter makes clear, you work with us "In Confidence."

McConville, Considine, Cooman & Morin, P.C. Privacy Notice:

In accordance with the requirements of the attorney-client privilege and the principles of the Lawyer's Code of Professional Responsibility, we do not disclose any non-public information about our clients to anyone except as instructed to do so by such clients. We restrict access to non-public information to those professionals and staff members necessary to effectively provide the legal services for our clients. We maintain appropriate physical, electronic and procedural safeguards at the firm with respect to your non-public personal information.