Attorneys learn client confidences as part of the attorney-client relationship. An attorney who discloses client confidences and secrets may face discipline from the State Bar and, separately, may receive a legal malpractice claim from their client. For example, a claim could result if an attorney reveals a client’s confidential business information, and the client suffers harm as a result.

In the past, maintaining confidences largely only required special care to be taken with respect to conversations, i.e., to minimize the risks of being overheard during elevator talk or casual discussions. Recently, with more attorneys working remotely and on electronic devices, and in the modern world of Facebook, Twitter and the internet, it has become more challenging for attorneys to protect client confidences and secrets.

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