Is there a difference between the rule of confidentiality and attorney-client privilege?
Professional conduct rules generally do not define the attorney-client relationship. Fundamentally, the relationship is one of contract, and, accordingly, contract principles apply. As a result, whether or not a relationship exists depends on a meeting of the minds. There are two principles of confidentiality created by the attorney-client relationship, which include the ethical rule of confidentiality and the evidentiary rule of attorney-client privilege. These two rules are not the same, but in some states the ethical rule is defined by the evidentiary rule. This white paper reviews the scope and diligence of client relations and discusses the importance of communication and confidentiality between the attorney and client.
Attorney with Parsons Behle & Latimer, Salt Lake City, Utah
Practice consists of general civil litigation, including commercial, professional malpractice, construction, and insurance coverage and defense
Designated in The Best Lawyers in America as Lawyer of the Year in litigation, real estate, and construction law; and designated in the areas of practice of legal malpractice defense, commercial litigation, and construction
Designated in Utah Business magazine’s Utah Legal Elite in the areas of business and civil litigation and construction law, and as a Super Lawyer in the Mountain States in Super Lawyer Magazine
Ranked in Chambers USA for Utah in general commercial litigation
Chair of the Ethics Advisory Opinion Committee of the Utah State Bar