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Attorney-Client Privilege vs. Confidentiality

·

By

ACL

The short answer

The attorney-client privilege protects confidential communications with your lawyer from being disclosed in litigation. The duty of confidentiality is broader: it bars your lawyer from revealing almost any information about your matter, whatever the source.

Where it fits in your case

From your first conversation with a lawyer through, and after, the end of the case.

What to expect

  • Privilege covers communications made in confidence to get legal advice, not the underlying facts.

  • Confidentiality under Illinois Rule of Professional Conduct 1.6 covers information from any source relating to the representation.

  • Duration. Both continue after the matter ends.

  • Exceptions are narrow, such as preventing death or serious bodily harm.

  • Staff and vendors working with your lawyer are bound to keep your information confidential.

What we need from you

Candor. Privilege works best when you communicate directly and only with your legal team.

Common misconceptions

  • “Facts I tell my lawyer become privileged.” The communication is protected; the facts are not.

  • “My lawyer can discuss my case publicly to answer a bad review.” Lawyers must protect confidential information even then.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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