The local agency permits the federally funded corporation to inspect all fiscal records, furnishes information on cases handled, none of which identifies any particular clients. The federally funded corporation has devised a program whereby it proposes to determine the quality of services furnished by the local agency, and it insists that in order to do so its evaluators must examine all or some of the local agency files relating to particular clients. A typical file could contain attorney's work product, including memoranda reflecting trial strategy and tactics in matters involving litigation or proposed litigation. On occasion, the local agency does or may represent clients in claims or suits against governmental agencies, including the federally funded corporation referred to herein. This request raises the very difficult problem of balancing the need for proper stewardship of public monies with the demands of confidentiality on behalf of the client.
Client confidentiality is based on two essential considerations.
One is the right of the client to be protected from the effects of the disclosure of certain information. If the client advises the attorney of these matters the client must be safeguarded against their being compromised. The other consideration is the validity of the adversary system as it exists in this country. If clients cannot feel secure in communications with their lawyers they will frequently fail to make the full disclosure so essential to proper representation in our system. See EC 4-1.