Scope of lawyer's duty of confidentiality

Legal analysis: the scope of lawyer's confidentiality obligation refers to the content that should be kept confidential. The provisions on lawyer's confidentiality obligation in various countries in the world usually extend to the secret called lawyer's professional identity, which is wider than the "known in practice" defined by our law. Judging from the actual situation, the secrets that lawyers know are not limited to "what they know in practice". The effective scope of lawyer's confidentiality obligation refers to the time range of lawyer's confidentiality, which is directly related to whether lawyer should undertake confidentiality obligation. Our country's law only stipulates that lawyers should or have the right to keep four kinds of information they know in the course of practicing, as well as the situations and information that clients and others are unwilling to disclose, and does not stipulate the effective scope of confidentiality, and the practice period cannot be equal to the confidentiality period, because lawyers' confidentiality obligations will not end with the end of their practice activities. The author thinks that the confidentiality period should not only include the establishment period of the entrustment contract. About the object of confidentiality obligation, that is, to whom. The confidentiality here should generally be regarded as the confidentiality of the judicial organs.

Legal basis: Article 38 of the Lawyers Law of People's Republic of China (PRC), lawyers should keep state secrets and business secrets they know in their practice activities, and may 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 personal and property safety of others are not included.