What’s the Difference Between Attorney-Client Privilege and Client Confidentiality?

When you speak with a lawyer, you expect privacy. But how protected are your conversations—and what’s the difference between attorney-client privilege and the duty of confidentiality? At the Law Office of Erin Bradley McAleer, we believe that building trust starts with understanding your rights. Here’s what every client should know about how the law protects your private information.

What Is Attorney-Client Privilege?

Attorney-client privilege is a legal rule that protects communications between a lawyer and their client from being disclosed to third parties, including courts, prosecutors, and opposing counsel. This privilege exists to encourage open and honest communication, which is essential for a lawyer to provide effective legal advice or defense.

In Washington, attorney-client privilege applies when:

  • There is an attorney-client relationship (even during an initial consultation).
  • The communication is made in confidence.
  • The purpose of the communication is to seek legal advice.
  • The client has not waived the privilege, either explicitly or by sharing the communication with others.

This means that if you confide in your lawyer about what happened in your case, they cannot be forced to testify about it or reveal your statements—unless you give them permission or an exception applies.

What Is the Duty of Confidentiality?

Separate from the attorney-client privilege, the duty of confidentiality is an ethical obligation imposed on attorneys by professional conduct rules, specifically Rule 1.6 of the Washington Rules of Professional Conduct (RPC). This rule requires lawyers to keep all information related to the representation of a client confidential—even if it wasn’t communicated in confidence or wouldn’t qualify under the formal rules of privilege.

This duty is broader than the privilege. It covers:

  • Any information learned during representation.
  • Third-party facts or documents, not just client conversations.
  • Information learned from others about the client’s case.

Unless the client gives informed consent, or an exception applies (such as preventing reasonably certain death or substantial bodily harm), the attorney must not disclose or misuse this information—even after the representation ends.

Key Differences

Think of it this way: Attorney-client privilege is a rule of evidence—it protects your communications from being used against you in court. The duty of confidentiality is an ethical rule—it governs how attorneys must handle your information in all other settings.

For example, if you tell your attorney something during a phone call, that conversation is likely protected by both privilege and confidentiality. But if your attorney receives paperwork from a third party containing sensitive information about you, that may not be privileged—but your lawyer still has an ethical duty to keep it confidential.

Are There Exceptions?

Yes, but they are narrow and strictly limited. For attorney-client privilege, you may waive it if you share the information with someone else or discuss it in a public setting. Privilege also does not apply if the communication was made in furtherance of a crime or fraud.

For the duty of confidentiality, exceptions are outlined in Washington’s RPC 1.6 and include:

  • Preventing reasonably certain death or substantial bodily harm.
  • Preventing a client from committing a future crime or fraud.
  • Securing legal advice about the lawyer’s own compliance with ethics rules.
  • Defending against claims made by the client (e.g., in a malpractice lawsuit).
  • Complying with a court order or other law.

Your lawyer should always discuss any potential disclosure with you before taking action.

What This Means for You as a Client

When you work with a defense attorney or any legal professional at the Law Office of Erin Bradley McAleer, your privacy is taken seriously. Whether you’re sharing deeply personal facts, past conduct, or fears about your case, we’re committed to maintaining the strictest confidentiality and upholding your legal protections. You should always feel safe telling your attorney the full truth—because your defense depends on it.

If you’re facing criminal charges or a legal dispute and don’t know who to trust, start with an attorney who understands the importance of your privacy. The Law Office of Erin Bradley McAleer provides confidential, strategic, and experienced legal guidance across Clark County and beyond. Let us help you protect your rights and your future.

Call today to schedule a private consultation. Your future is too important to risk.