RULES OF PROFESSIONAL CONDUCT
Chapter 1. Lawyer-Client Relationship (Rules 1.1 – 1.18)
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regulations, deemed to be legal and correct. Based upon experience, lawyers know* that almost
all clients follow the advice given, and the law is upheld. Paragraph (a) thus recognizes a
fundamental principle in the lawyer-client relationship, that, in the absence of the client’s
informed consent,* a lawyer must not reveal information protected by Business and Professions
Code section 6068, subdivision (e)(1). (See, e.g., Commercial Standard Title Co. v. Superior
Court (1979) 92 Cal.App.3d 934, 945 [155 Cal.Rptr.393].)
Lawyer-client confidentiality encompasses the lawyer-client privilege, the work-product doctrine
and ethical standards of confidentiality
[2] The principle of lawyer-client confidentiality applies to information a lawyer acquires by
virtue of the representation, whatever its source, and encompasses matters communicated in
confidence by the client, and therefore protected by the lawyer-client privilege, matters protected
by the work product doctrine, and matters protected under ethical standards of confidentiality, all
as established in law, rule and policy. (See In the Matter of Johnson (Rev. Dept. 2000) 4 Cal.
State Bar Ct. Rptr. 179; Goldstein v. Lees (1975) 46 Cal.App.3d 614, 621 [120 Cal.Rptr. 253].)
The lawyer-client privilege and work-product doctrine apply in judicial and other proceedings in
which a lawyer may be called as a witness or be otherwise compelled to produce evidence
concerning a client. A lawyer’s ethical duty of confidentiality is not so limited in its scope of
protection for the lawyer-client relationship of trust and prevents a lawyer from revealing the
client’s information even when not subjected to such compulsion. Thus, a lawyer may not reveal
such information except with the informed consent* of the client or as authorized or required by
the State Bar Act, these rules, or other law.
Narrow exception to duty of confidentiality under this rule
[3] Notwithstanding the important public policies promoted by lawyers adhering to the core
duty of confidentiality, the overriding value of life permits disclosures otherwise prohibited by
Business and Professions Code section 6068, subdivision (e)(1). Paragraph (b) is based on
Business and Professions Code section 6068, subdivision (e)(2), which narrowly permits a
lawyer to disclose information protected by Business and Professions Code section 6068,
subdivision (e)(1) even without client consent. Evidence Code section 956.5, which relates to
the evidentiary lawyer-client privilege, sets forth a similar express exception. Although a lawyer
is not permitted to reveal information protected by section 6068, subdivision (e)(1) concerning a
client’s past, completed criminal acts, the policy favoring the preservation of human life that
underlies this exception to the duty of confidentiality and the evidentiary privilege permits
disclosure to prevent a future or ongoing criminal act.
Lawyer not subject to discipline for revealing information protected by Business and Professions
Code section 6068, subdivision (e)(1) as permitted under this rule
[4] Paragraph (b) reflects a balancing between the interests of preserving client
confidentiality and of preventing a criminal act that a lawyer reasonably believes* is likely to
result in death or substantial* bodily harm to an individual. A lawyer who reveals information
protected by Business and Professions Code section 6068, subdivision (e)(1) as permitted under
this rule is not subject to discipline.