How does California's confidentiality standard for lawyers compare to the ABA's standard?

California's confidentiality standard for lawyers is indeed more stringent than that of the American Bar Association (ABA). Under California law, attorneys have an absolute duty to maintain the confidentiality of all information obtained during the representation of a client, with very few exceptions. This strict standard is outlined in the California Rules of Professional Conduct and is designed to ensure that clients can freely share information with their attorneys without fear of disclosure.

In contrast, the ABA Model Rules of Professional Conduct establish a similar confidentiality obligation but provide for additional circumstances where disclosure could be allowed—such as when a lawyer is impliedly authorized to disclose information to carry out the representation, or in situations involving potential future harm, where a lawyer may disclose information to prevent the crime. Because of these differences, California's rules are seen as providing a higher level of protection for client information, making the standard more rigorous compared to the ABA's approach.

This distinction is particularly important for attorneys, as it highlights the need to be aware of their ethical obligations under California law, which may not only be more restrictive but can lead to differing interpretations of confidentiality obligations depending on the jurisdiction.