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The Attorney's Duty of Confidentiality and the Attorney Client Privilege

Authors

  • Antonio Bascuñán Rodríguez Abogado. Profesor de Derecho. Universidad Adolfo Ibáñez
No. 15 (2011)
https://doi.org/10.5354/rej.v0i15.29481

Abstract

This paper addresses the analysis of new regulation on the duty of confidentiality and legal privilege enshrined in the new Code of Professional Ethics Counsel, approved by resolution of the General Council which came into force on 1 August 2011. This regulatory text introduces new and extensive regulation regarding confidentiality by dedicating 15 provisions organized in four sections. Thus, in the Preliminary Title (Article 7) states the duty of confidentiality as a general principle; in art. 42 establishes a duty to use customer information in their interest by prohibiting their use for the benefit of counsel or third parties without customer consent; the bulk of the new regulation focuses on the relationship of the lawyer to his client, and, finally, the arts. 110 and 111 regulate the duty of confidentiality owed between counterparties lawyers. Thus, the Code of Ethics distinguishes between the duty of confidentiality and duties relating to the use of confidential information, the time difference between confidentiality to the client and due to opposing counsel. All with important practical implications highlighted in this paper.    

Keywords:

duty of confidentiality, legal privilege, Code of Professional Ethics Counsel, use of confidential information, relationship lawyer-client, confidentiality to the opposing counsel

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How to Cite
Bascuñán Rodríguez, A. (2011). The Attorney’s Duty of Confidentiality and the Attorney Client Privilege. Revista De Estudios De La Justicia, (15), pp. 221–263. https://doi.org/10.5354/rej.v0i15.29481
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Revista de Estudios de la Justicia
Facultad de Derecho
Universidad de Chile
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