Are lawyers required to keep secret the information learned during the attorney-client relationship?
Generally, yes. The Supreme Court of Ohio recently stated: “A fundamental principle in the attorney-client relationship is that the attorney shall maintain the confidentiality of any information learned during the attorney-client relationship.” Three separate, but overlapping, rules protect information that clients give to their lawyers within the lawyer-client relationship. 1) “Confidentiality” – Under the rules of legal ethics, lawyers generally cannot voluntarily reveal information relating to the representation of their clients without their clients’ express or implied consent. 2) “Attorney-Client Privilege” – Under the rules governing the introduction of evidence in court, lawyers generally cannot be compelled to reveal communications with their clients. However, the attorney-client-privilege applies only when clients communicate confidentially with their lawyers in order to obtain legal service. 3) “Work Product” – Under the rules of civil and criminal procedure, lawyers generall