Journal of Legal Research

Journal of Legal Research

A Comparative Study of Attorney-Client Confidentiality in Iranian and American Law

Document Type : Original Article

Authors
Paria Fattahi 1
Mehdi Meyhami 2
Mojtaba Dehghandar 3
Ismail Shahsavandi 2
1 PhD Student in Private Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.
2 Assistant Professor, Department of Private Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.
3 Assistant Professor, Department of Private Law, Islamshahr Branch, Islamic Azad University, Tehran, Iran.
10.48300/jlr.2024.463917.2676
Abstract
Both the Iranian and American legal systems place significant importance on the confidentiality of information exchanged between attorney and client, albeit through distinct legal mechanisms and doctrinal frameworks. In both jurisdictions, legislators and judicial institutions have sought to establish a robust legal regime designed to protect clients and ensure the preservation of privileged communications. In the Iranian legal system, the duty of confidentiality is deeply rooted in Islamic jurisprudence (fiqh), which serves as a foundational pillar of the national legal order, providing the obligation with profound normative coherence and ethical legitimacy. Conversely, the American legal system approaches client confidentiality through the common law tradition, supported by well-established doctrines governing attorney-client privilege and professional ethics. Despite these shared objectives, the American concept of attorney-client confidentiality possesses broader dimensions and more sophisticated doctrinal components than those currently recognized under Iranian law. These distinctions provide valuable comparative insights for the potential development and refinement of Iranian legal doctrine in this field. This study addresses several fundamental inquiries: What constitutes the underlying legal and philosophical basis for confidentiality between attorney and client? Furthermore, does the duty of confidentiality persist after the termination of the attorney-client relationship? Findings indicate that the continued protection of client information has long been a priority for legislators in both jurisdictions. Consequently, both systems have imposed binding professional obligations on attorneys to maintain client secrets. While both recognize limited exceptions where disclosure may occur without client consent - such as when required by law or justified by legal necessity -the scope of permissible disclosure remains significantly narrower and more strictly regulated within the American legal framework compared to the broader, less defined exceptions prevalent in Iranian law.
Keywords
Confidential Communication
Unauthorized Disclosure of Information
Attorney Liability
Transfer of Information
Confidentiality Obligation
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Journal of Legal Research
Volume 25, Issue 65
Spring 2026
Pages 451-479