Attorney-Client Privilege and Confidentiality: Understanding the Difference
Jason Wiener and Nathan Sisodia clarify a widely misunderstood distinction in law: attorney-client privilege versus the duty of confidentiality. Confidentiality is a broad ethical obligation covering nearly everything a client shares with counsel, while privilege is a narrower evidentiary protection that can be waived, often accidentally, by looping in accountants, consultants, or other third parties. The authors outline key exceptions, including the Kovel doctrine and common interest privilege, and stress that privilege is preserved or lost long before any dispute arises.