I am a young attorney and I don’t understand the difference between the confidentiality rules and the Attorney-Client Privilege Rules and the Work Product Doctrine. What is the difference?
Samuel C. Stretton.
The answer is fairly straightforward. All lawyers in Pennsylvania have to comply with the Rule of Confidentiality, which is a very broadly written rule. That rule is found in Pennsylvania Rules of Professional Conduct, Rule 1.6. In essence, it states a lawyer cannot reveal information relating to the representation of a client unless the client gives informed consent. It is a very broad privilege and far broader than just confidences and secrets. For example, if a client told the lawyer that he was arrested in Alaska 20 years ago, the lawyer could not reveal that fact since the lawyer learned that as part of the representation. Even though in Alaska, the information would be part of the public record, the Pennsylvania Rule of Confidentiality is far more broader than just confidences and secrets.
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