What does the confidentiality rule address?
Rule 4-1.6 (the confidentiality rule) provides that, with certain limited exceptions, a lawyer “shall not reveal information relating to representation of a client” without the client’s informed consent.
Confidentiality is much broader than privilege. Privilege generally only applies to communications between a lawyer and client for the purposes of giving or seeking legal advice. Confidentiality, by contrast, applies to ALL information that relates to a client’s representation. A lawyer’s files, which obviously contain information relating to representation of clients, are protected by the confidentiality rule. Therefore, absent consent of the affected client, a lawyer should refuse to voluntarily release a client’s records to a third party.
If you have questions about the confidentiality rule, you may contact the Ethics Hotline at 800.235.8619.
VIEWS AND CONCLUSIONS EXPRESSED IN ARTICLES HEREIN ARE THOSE OF THE AUTHORS AND NOT NECESSARILY THOSE OF FLORIDA BAR STAFF, OFFICIALS, OR BOARD OF GOVERNORS OF THE FLORIDA BAR.
