Confidentiality: A Client's Right, A Professional's Duty

Law offices must hold all information respecting client matters in strictest confidence. This restriction applies in all circumstances unless disclosure is (i) required by law, (ii) authorized by the client, or (iii) demanded by court order. Confidentiality restrictions extend not only to the lawyers, but to all law students, paralegals, administrators and office staff within the firm.

In fact, a lawyer cannot even disclose that they have been consulted or retained by a certain client. However, when retained to start a lawsuit or write a demand letter on behalf of a client, there is an implied authorization to disclose this information to the opposing side in the matter. Law firms must continue to keep client secrets after finishing the work for the client - even if they have parted on bad terms. Information on a client's file is deemed to be the client's property. It can only be used for purposes authorized by the client.

Law firms - like all professional practices - are required to take 'reasonable steps' to ensure privacy and safekeeping of a client's confidential information. But what is considered 'reasonable'? Three steps are common in many legal, accounting, and medical offices:

1. Requiring all employees to sign a confidentiality agreement as a condition of their employment with the firm. The employee acknowledges that unauthorized disclosure of client information - including the fact that a client has retained the firm - is cause for immediate dismissal.

2. Ensuring that all printed material containing client information is shredded before being bagged for disposal.

3. In the case of a client with particularly sensitive matter, personally preparing all documents with respect to the matter on a password-protected computer, and restricting access to those documents on a strict 'need to know' basis.

Confidentiality is everyone's right, and every client should expect their secrets to stay private.