The Court of Chancery recently explained in the case styled In Re Harris FRC Corporation Merger and Appraisal Litigation, No. 2019-0736-JTL (Del. Ch. Feb. 19, 2024), the difference between the attorney/client privilege and a lawyer’s duty of confidentiality under Rule of Professional Conduct 1.6.
The titular topic was the subject of my latest ethics column for The Bencher, the publication of the American Inns of Court. I have been writing the ethics column for 25 years.