In Confidence: What It Means and Its Legal Importance

Definition & Meaning

The term "in confidence" refers to the expectation that certain information will remain private and not be disclosed to others. This can occur in two main situations:

  • The source explicitly states that the information should not be shared.
  • The circumstances surrounding the information create a reasonable belief that it will remain confidential.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A therapist discusses a patient's mental health issues during a session. The patient shares this information "in confidence," expecting it to remain private.

Example 2: An employee reports misconduct to their employer under the assurance that their identity will not be disclosed. This creates a reasonable expectation of confidentiality. (hypothetical example)

State-by-state differences

Examples of state differences (not exhaustive):

State Variation
California Strong protections for confidentiality in therapy and legal settings.
New York Specific laws governing confidentiality in attorney-client communications.
Texas Confidentiality protections vary significantly based on the context.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Differences
Confidentiality The obligation to keep information private. Broader than "in confidence," which may imply specific circumstances.
Privileged Communication Legal protection of certain communications from disclosure. More formal legal protection compared to "in confidence."

What to do if this term applies to you

If you find yourself in a situation where confidentiality is essential, consider the following steps:

  • Clearly communicate your expectations regarding confidentiality to the other party.
  • Document any agreements or understandings related to the confidentiality of the information shared.
  • If necessary, consult with a legal professional to understand your rights and obligations.
  • Explore US Legal Forms for templates that can help you create confidentiality agreements or related documents.

Quick facts

  • Typical use: Confidential communications in legal, medical, and professional settings.
  • Jurisdiction: Varies by state and context.
  • Possible penalties: Breach of confidentiality can lead to legal action or damages.

Key takeaways