Attorneys often confuse the ethical concept of the duty of confidentiality and the evidence concept of the attorney-client privilege. It is not at all unusual to hear attorneys talk of information being “privileged” when the information might be protected by the duty of confidentiality but is in no way protected by the attorney-client privilege. Sometimes lawyers are simply misusing the word, “privilege,” but understand the different concepts. Other times, however, attorneys are, as one of my students recently phrased her own understanding, “a little fuzzy on that.” So let’s clear up some of that fuzziness!