From newly admitted members of The Florida Bar to those ready for retirement after countless years of dedication to the legal profession, many lawyers have committed the faux crime of using “privileged” and “confidential” interchangeably when justifying why they cannot disclose certain information relating to a client’s representation. Why is this?

Perhaps the simplest answer is many lawyers honestly, albeit mistakenly, believe the attorney-client privilege[1] and the confidentiality rule[2] are essentially the same, particularly as it relates to the meaning of “confidential” and, therefore, can be applied in the same way under the same circumstances.

Perhaps the more complicated answer lies in the fact the attorney-client privilege and confidentiality rule are two related bodies of law, both given effect by the principle of confidentiality.[3] However, the fact that the attorney-client privilege and confidentiality rule are related does not mean they are the same or that “privileged” and “confidential” should be used interchangeably.