From which sources does the duty of confidentiality owed to clients primarily arise?

• A. Contract, equity and professional rules
• B. Tort and criminal law
• C. Public policy and administrative law
• D. Family law and property law

Answer: (A)

The duty of confidentiality owed to clients mainly comes from a mix of contract, equity, and professional rules. The lawyer–client relationship creates an implied contractual obligation to keep information confidential, while equity imposes fiduciary-like duties to protect a client’s confidences. Professional rules then codify and enforce these duties, providing standards and sanctions for breaches. Together they establish the primary basis for confidentiality, with narrow exceptions for disclosure when necessary to represent the client or required by law. The other options don’t fit because tort or criminal law might address breaches after they occur but do not establish the duty’s sources; public policy or administrative law, or family and property law, do not provide the foundational sources for this duty.