Does the lawyer know that the personal information of the defendant will be told to the client?

Legal analysis: the duty of confidentiality of lawyers stipulates that in practice, lawyers must know a lot of materials, information and evidence of clients in order to understand the case. Some of these contents are customer privacy, some are trade secrets, and some are not privacy and trade secrets, which will adversely affect their customers. Lawyers have the responsibility to keep secrets for their clients. The confidentiality obligation of lawyers is determined by their professional nature, legal obligations of lawyers and contractual obligations of entrustment. Even if there is no confidentiality obligation in the contract, the lawyer's confidentiality obligation cannot be exempted. Of course, if the client authorizes the lawyer to disclose relevant information, the lawyer is allowed to disclose any privacy or business secrets without exceeding his authority. Lawyers who violate confidentiality obligations and cause reputational losses or economic losses to their clients shall be liable for compensation.

Legal basis: Article 48 of the Criminal Procedure Law stipulates: "Defense lawyers have the right to keep confidential the relevant information and information of their clients that they know in their practice activities. However, if a defense lawyer knows that the client or other person is preparing or committing a crime that endangers national security, public safety and seriously endangers the personal safety of others in his practice activities, he shall promptly inform the judicial organ. "

Article 38 of the Lawyers Law stipulates: "Lawyers shall keep state secrets and business secrets they know in their practice activities and shall not disclose the privacy of their clients. Lawyers should keep confidential the information and materials that their clients and others are unwilling to disclose in their practice activities. However, criminal facts and information that endanger national security, public safety and other serious hazards to the personal and property safety of others are excluded. "

Comparing the provisions of the above two laws, we can see that the so-called "right" to keep secrets means that defense lawyers "have the right" to refuse to disclose the relevant information and information of criminal suspects and defendants they know in their practice activities, and no organ, organization or individual may require defense lawyers to provide such information and information; This in no way means that defense lawyers "have the right not to keep secrets." On the contrary, based on the specific relationship between defense lawyers and criminal suspects and defendants, defense lawyers have the obligation to keep confidential the relevant information and information of criminal suspects and defendants they know in their practice activities. Not only the defense lawyers entrusted by criminal suspects, defendants or their close relatives have the obligation of confidentiality, but also the defense lawyers appointed by legal aid institutions for criminal suspects and defendants according to law have the obligation of confidentiality.