Confidentiality Explained: The Dialogue Approach to Discussing Confidentiality with Clients

43 Pages Posted: 2 Jan 2013 Last revised: 11 Feb 2013

See all articles by Russell G. Pearce

Russell G. Pearce

Fordham University School of Law

Elisia Klinka

Fordham University - Fordham Law Review

Date Written: 2011

Abstract

Many lawyers lie to their clients by saying, “Everything you tell me is confidential” despite the existence of some rules that require lawyers to disclose client confidences and others that permit lawyers to disclose confidences to protect themselves or collect fees. In an effort to encourage clients to speak honestly, a number of commentators urge lawyers to provide either a general or specific notice of the exceptions to confidentiality.

This Article offers a different approach. It seeks to promote an honest and open dialogue between lawyer and client that will create a relationship of mutual trust and will make it more likely both that clients will share information and will gain an accurate understanding of the confidentiality issues relevant to their representation.

Suggested Citation

Pearce, Russell G. and Klinka, Elisia, Confidentiality Explained: The Dialogue Approach to Discussing Confidentiality with Clients (2011). San Diego Law Review, Vol. 8, No. 157, 2011; Fordham Law Legal Studies Research Paper No. 2195572; NYLS Clinical Research Institute Paper No. 27/2012. Available at SSRN: https://ssrn.com/abstract=2195572

Russell G. Pearce (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States
212-636-6834 (Phone)
212-636-6899 (Fax)

Elisia Klinka

Fordham University - Fordham Law Review ( email )

140 West 62nd Street
New York, NY 10023
United States

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