2. Legal Ethics

2A. Client Confidentiality

The following points are intended to facilitate a discussion about practices for maintaining client confidentiality.

  1. Discuss the importance of client confidentiality and refer to Illinois Rule of Professional Conduct 1.6., as amended in 2010.
  2. Discuss common mistakes which inadvertently cause violations of client confidentiality and share practical pointers in and outside one's office for safeguarding confidential information. Among other things, examples for discussion could include:
  3. Discuss proper procedures for file keeping and ensuring that clients who visit your office do not see information about other client matters;
  4. Discuss the propriety of discussing your client's case in public (even at the courthouse);
  5. Discuss the consequence of discussing confidential information with your client when a third party is present by invitation of your client (like their spouse);
  6. Discuss office procedures for maintaining and destroying client files which impacts client confidentiality;
  7. Discuss the potential hazards of using email and fax to communicate confidential information about a case.
  8. Give specific examples of client information which is confidential and when such information should or should not be revealed, including, among others, the propriety of disclosing that you have been retained by someone, disclosing the name of your client to a third party, sharing information about your client's case to opposing counsel during negotiations, etc.
  9. Discuss the appropriate ways to obtain waiver of privilege and the circumstances in which it is likely to be obtained in the new lawyer's area of practice. Discuss the differences between implied and express waiver and identify conduct which effectuates waiver.
  10. Discuss a lawyer's obligations with regard to revealing client fraud.
  11. Discuss a lawyer's obligation to maintain confidentiality of clients who consult with the lawyer but who do not hire him or her or who the lawyer ultimately refuses to represent.
  12. Discuss a lawyer's obligation to maintain client confidences after the termination of the attorney-client relationship.
  13. Discuss the practical concerns that arise when a third party pays for a client's representation and wants to communicate to the client's lawyer about the representation. Discuss the duties owed to the client.
  14. Discuss client confidentiality issues likely to arise in the new lawyer's practice area. For example:
  15. When the new lawyer's client is a corporation, which communications are confidential and with whom at the corporation can the new lawyer discuss confidential information?
  16. When the new lawyer's client is the government (or a government entity), with whom can the New lawyer discuss confidential information? What obligation does the new lawyer have to inform the public about the matters being prosecuted? What obligation does the new lawyer have to inform the victim of a crime about an investigation or prosecution of a suspect?
  17. Discuss practical issues that must be resolved when sharing office space with lawyers not in the same firm regarding safeguarding confidential information of clients. What if the lawyers share staff like a receptionist, secretary or a paralegal?

© 2007 and 2011 Revised Edition by Illinois Supreme Court Commission on Professionalism