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Case 1:20-cr-00330-PAE Document 731-1 Filed 07/14/22 Page 10 of 14
refrain from wrongful conduct. Almost without exception, clients come to lawyers in
order to determine their rights and what is, in the complex of laws and 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 /n 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
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Dates
Document Details
| Filename | DOJ-OGR-00011416.jpg |
| File Size | 1195.7 KB |
| OCR Confidence | 94.5% |
| Has Readable Text | Yes |
| Text Length | 3,489 characters |
| Indexed | 2026-02-03 18:07:49.228095 |