[textbook]Traversing the Ethical Minefield Problems, Law, and Professional Responsibility by Susan R. Martyn (z-lib.org)(1) (1)

Chapter 6
Confidentiality
A. Introduction
This chapter addresses another basic fiduciary duty: confidentiality. We begin by
examining the scope of the professional duty and proceed in the next two chapters to
consider exceptions to the obligation. Throughout, we refer to two bodies of law: the
fiduciary duty of confidentiality, which is found in agency law and restated in the Rules of
Professional Conduct, and the evidentiary attorney-client privilege and work product
doctrine, which also impose a duty of confidentiality by blocking disclosure of client
confidences in litigation. These bodies of law are not identical, but do parallel each other,
as the following table demonstrates.
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