The U.S. Court of Appeals for the District of Columbia, however, reversed the ruling. It took into account that Foster, by that time, was long dead, and that posthumous revelations of misconduct would have little effect on people who talk with lawyers while alive. Lawyers must adhere to two standards. The first is confidentiality. Attorneys must keep clients' secrets, except as necessary to participate in a proceeding or negotiation.
Confidentiality is among a lawyer's duties to a client.
It is a broad idea. By contrast, the idea of privilege is narrow. It prevents an attorney from testifying in any court about communication from the client to the lawyer, or from the lawyer to the client. Lawyers' duties include upholding the privilege. The attorney-client privilege, however, belongs to the client, who can tell a lawyer to forget it and testify.