UNDERSTANDING THE DIFFERENCE BETWEEN THE DUTY OF CONFIDENTIALITY AND ATTORNEY-CLIENT PRIVILEGE
GRPC 1.6: Comment 
"The principle of confidentiality is given effect in two related bodies of law,
the attorney-client privilege (which includes the work product doctrine) in the law of evidence
and the rule of confidentiality established in professional ethics.
The attorney-client privilege applies in judicial and other proceedings in which a lawyer may be called as a witness or otherwise required to produce evidence concerning a client.
The rule of client-lawyer confidentiality applies in situations other than those where evidence is sought from the lawyer through compulsion of law. Rule 1.6 applies not merely to matters communicated in confidence by the client but also to all information gained in the professional relationship, whatever its source."
Attorney-Client Privilege: Substantive law of evidence
O.C.G.A. § 24-9-21(2
There are certain admissions and communications excluded on grounds of public policy. Among these are . . . (2) communications between attorney and client. …
O.C.G.A. § 24-9-27(c)
No party or witness shall be required to make discovery of the advice of his professional advisors or his consultation with them.
O.C.G.A. § 24-9-24
Communications to any attorney or to his employee to be transmitted to the attorney pending his employment or in anticipation thereof shall never be heard by the court
Duty of Confidentiality: Rules of Professional Conduct
Scope of Information Protected:
|Attorney-Client Privilege:||Duty of Confidentiality:|
|Quiz 5: Question 2
Information Armani learned from Garrow's wife IS NOT COVERED by attorney-client privilege
Quiz 5: Question 2
|Paul S. Milich,”Attorney Client Privilege,”Courtroom Handbook on Georgia Evidence 26-32 (2010)|
• There are five basic parts to the attorney-client privilege: (1) a person seeking legal advice from the attorney, (2) made communications to the attorney for that purpose, (3), in confidence, (4) now asserts the privilege, (5) which has not been waived.
• The privilege only protects communications, not facts.
• The attorney-client privilege protects not only the client's communications to the attorney but also the advice the attorney gives the client.
|GRPC 1.6: "all information gained in the professional relationship with a client, including information which the client has requested to be held inviolate or the disclosure of which would be embarrassing or would likely be detrimental to the client"|
Differing Conditions for Exceptions:
|Duty of Confidentiality:|
|Paul S. Milich,”Attorney Client Privilege,”Courtroom Handbook on Georgia Evidence 26-32 (2010)||
|When an attorney represents two or more clients in the same matter, communications from any client to the attorney are deemed confidential vis-a-vis third parties, but not among the clients themselves.||
If a client is using legal advice and services to further a criminal or fraudulent enterprise, the “privilege takes flight,” regardless of whether the attorney is aware or ignorant of a client’s intentions or misuse of the attorney’s services. [The “crime/fraud” exception]
|1.6(b)(1)(i): "may reveal information covered by paragraph (a) which the lawyer reasonably believes necessary: to avoid or prevent harm or substantial financial loss to another as a result of client criminal conduct or third party criminal conduct|