You’ve heard of both confidentiality and attorney-client privilege. But what’s the difference?
Confidentiality means that anything a client tells their attorney related to their case cannot be told to others, even if it is public record. There are some exceptions to attorney-client confidentiality, such as when the client is using the attorney’s services to commit a crime or fraud. An attorney can be required to disclose confidential information to the court but may not voluntarily reveal the information.
In contrast to confidentiality, an attorney cannot be required to disclose privileged information to the court. Attorney-client privilege is about the communications between the attorney and the client, whereas attorney-client confidentiality is about case information obtained in the course of representing the client.
All privileged information is confidential, but not all confidential information is privileged. An example of information that may be confidential but not privileged is information learned from a third party about the case.
If you are charged with a crime or concerned charges may be coming, reach out to one of our attorneys to discuss your options.