Lawyers’ duty of confidentiality to clients is incredibly broad. In states that follow Rule 1.6 of the Model Rules of Professional Conduct, lawyers must treat as confidential all information related to clients’ representations, regardless of its source, absent client consent or the applicability of an exception to Rule 1.6 Lawyers also owe a fiduciary duty of confidentiality that is actionable in breach. On the right facts, a breach of the duty of confidentiality may expose a lawyer to a legal malpractice claim. Lawyers may also have confidentiality obligations under federal and state statutes that are triggered by their representation of clients and that may give rise to causes of action or penalties if violated. In an article from the Quality Assurance Review, Winter 2023, Doug Richmond, who leads Professional Services Practice’s Loss Prevention team, addresses the potential legal malpractice and statutory liability lawyers may face in the wake of a breach of their duties of confidentiality to clients.

Loss Prevention Team

Doug Richmond Managing Director and Loss Prevention Leader
Kansas City
+1.312.339.2003
doug.richmond@aon.com

Henry S. Bryans Senior Consultant
Philadelphia
+1.610.995.0488
henry.bryans@aon.com

Matthew Corbin Senior Vice President and Executive Director
Kansas City
+1.816.698.4660
matthew.corbin@aon.com

Jennifer Finnegan Senior Vice President and Executive Director
New York
+1.609.203.4903
jenny.finnegan@aon.com

Sarah O’Neill Executive Director and Senior Vice President
London
+44.(0)20.7086.0421
sarah.oneill@aon.co.uk

Mark J. Peterson Managing Director and Design & Construction Firm Practice Leader
Omaha
+1.402.203.5396
mark.peterson1@aon.com

Mark Webster Senior Vice President and Executive Director
Kansas City
+1.913.201.3446
mark.webster1@aon.com