Protecting Confidential Information

One of the most solemn obligations of an attorney is to protect confidential information given to them by a client. This obligation is so important that an attorney cannot even disclose the location of a dead body if that information is given to them by their client. Most people understand this obligation of an attorney to keep their information confidential. What is less well-known, however, is that this obligation extends even after the client has died. 

• This legal principle was reaffirmed in a famous case decided by the Supreme Court in 1998.The case involved the suicide of a presidential adviser and the attempt by the independent counsel to obtain notes from that person's private attorney of a conference held a few days before his death. Even in a matter of national significance, the Supreme Court found that the principle of confidentiality required that the notes be kept secret. This case should let all clients rest easy and providing complete and thorough information to their attorneys when seeking legal advice. Death may end a person's life but it does not end the solemn obligation of confidentiality between that person and their lawyer.