E-mails often end with a statement that the content of the letter is confidential and privileged. This implies to many that they are similar or even inter-related terms. However, this is not the case.
It concerns two different legal concepts: lawyer-client confidentiality and lawyer-client privilege. Both terms address information related to the client that a lawyer is not entitled to reveal. It is also true that both confidential information and privileged information serve the purpose of protecting the client’s ability to confide information with the lawyer without any restriction.
Let's look at the terms individually:
Confidentiality is a basic requirement in legal practice. A lawyer may not reveal information relating to the representation of a client. This is the duty of confidentiality. The breach of this duty may entail disciplinary sanctions by the Bar Association.
Lawyer–client privilege is a legal concept that protects certain communications between a client and his or her attorney. If an attorney is in possession of information under privilege, it prevents the attorney from being legally compelled to disclose such information in the course of litigation.
