Also known as: information related to the representation · client information · representation information
Written by attorneys · grounded in primary & secondary sources — see below
A category of client data protected by a lawyer's duty of confidentiality. The category reaches all facts learned during the representation even if the facts are not privileged or are already known to third parties.
Amy sent Central Concrete's internal cost spreadsheets to opposing counsel through an unsecured file-sharing link. The link stayed active for weeks and became publicly indexed. Central Concrete later discovered that competitors could access its negotiation strategy.
A lawyer learned that a client was using prior legal advice to carry out an ongoing scheme that would injure third-party property interests. The lawyer disclosed limited details to the affected parties to stop the harm.
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Morgan & Tate stored Harper's financial records in an unlocked room open to outside cleaners. A janitor copied the files and sold them to identity thieves. Harper suffered losses traceable to the firm's storage practices.
Before finishing a high-profile criminal defense, a lawyer negotiated a book contract that would recount the client's case in detail. The contract gave the lawyer substantial media rights tied directly to facts learned during the representation.
After leaving her firm, Lena used memorized details about Summit's proprietary allocation models and client risk profiles to solicit the same clients for a competitor. The data had never become public.
Months after switching firms, a lawyer discussed a former client's settlement strategy with new colleagues while preparing a related case. The information had not become generally known.
Yes. The protection extends to all information relating to the representation regardless of whether the facts are already known outside the attorney-client relationship.
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A lawyer must make reasonable efforts to prevent inadvertent or unauthorized disclosure of or access to client information. The reasonableness inquiry considers the sensitivity of the information and available security measures.
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No. A former lawyer may not use information relating to the representation to the disadvantage of the former client unless an exception in the rules applies or the information has become generally known.
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The rules permit limited disclosure when the lawyer reasonably believes it is necessary to prevent reasonably certain death or substantial bodily harm or to stop a client crime or fraud that would cause substantial injury to another's financial interests or property.
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