Confidentiality, attorney-client privilege, and an initial consultation are related but different concepts; the governing rule and the circumstances of the communication matter.

Rule 1.6 covers information acquired during representation

North Carolina State Bar Rule 1.6 generally prohibits a lawyer from revealing information acquired during the professional relationship with a client unless informed consent, implied authorization, or a stated exception applies. The rule describes exceptions and requires reasonable efforts to prevent inadvertent or unauthorized disclosure or access.

Privilege is a separate evidence concept

The attorney-client privilege and the professional confidentiality rule should not be treated as identical. Privilege concerns a narrower evidentiary question in particular proceedings; Rule 1.6 addresses a lawyer’s professional duty more broadly. The presence of other people, the purpose of a communication, a later disclosure, and a court order can all matter.

An initial contact can be different from representation

Rule 1.18 addresses duties to prospective clients even when no client-lawyer relationship ensues. A person should not assume that a conversation creates representation, and a lawyer or firm may need information for a conflict review before deciding whether an engagement is possible.

The related guide to contacting a lawyer explains practical questions about scope, engagement, and privacy at the beginning of a conversation.

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