What is the distinction between confidentiality and privilege in PA courts?

• A. Confidentiality is an ethical/legal duty; privilege is a legal shield against compelled disclosure in court.
• B. They are identical concepts.
• C. Privilege is an ethical obligation; confidentiality is legal.
• D. Confidentiality is optional; privilege is the only requirement.

Answer: (A)

Confidentiality is the duty professionals have to keep information shared by a client private, grounded in ethics and professional standards and extending beyond the courtroom. Privilege is a legal protection that prevents a court from compelling disclosure of certain communications, a shield that can be invoked to bar testimony or evidence in litigation. In Pennsylvania courts, confidentiality governs how information is kept and shared in general practice, while privilege functions as a procedural bar in court to protect specific communications from being disclosed at all.

This distinction matters because confidentiality is an ongoing obligation tied to trust and ethical conduct, whereas privilege is a legal rule that operates only in legal proceedings and must be asserted to block disclosure. The other ideas misstate the relationship by claiming they are identical, reversing the roles, or treating confidentiality as optional.