Attorney-Client Confidentiality: A Critical Analysis

Abstract

Attorney-client confidentiality doctrine is distinguished by its expansiveness and its rigid or categorical form. This brief essay argues that the rationales for these features are unpersuasive. It compares the “strong confidentiality” of current doctrine to a hypothetical narrower and more flexible “moderate confidentiality” and concludes that moderate confidentiality is more plausible. It is unlikely that current doctrine yields benefits that justify its costs.

Keywords: Attorney-Client Confidentiality, Confidentiality, Strong Confidentiality, Moderate Confidentiality