Comparative Analysis of the Protection of Client Confidentiality by Lawyers in Iranian and American Legal Systems

Document Type : Original Article

Authors

1 PhD student in Private Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.

2 Assistant Professor, Department of Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.

3 Assistant Professor, Department of Law, Islamshahr Branch, Islamic Azad University, Islamshahr, Iran.

Abstract

The present study aims to investigate the protection of client confidentiality by lawyers within the legal systems of Iran and the United States, employing a descriptive-analytical method. The principle of justice in legal systems prohibits lawyers from disclosing client secrets to ensure fairness in legal proceedings, as human dignity is valued above any means of achieving success. In Iran's legal system, the preservation of individuals' secrets is supported by jurisprudential principles. In contrast, the American legal system, grounded in common law doctrine and legislative emphasis, prioritizes the non-disclosure of client secrets as a fundamental aspect of the judicial process. Although the U.S. system appears to have a more robust framework to prevent unauthorized disclosure of client information, making such breaches highly unlikely, the legislature also mandates that judicial authorities utilize their capacities to obtain evidence to substantiate claims. Consequently, the legal obligation for a lawyer to disclose client information is generally not permissible in the U.S. system. Conversely, in Iran, the legislature grants authorities the power, under various laws, to compel lawyers to provide client information when necessary. This study endeavors to analyze the structure of confidentiality between lawyers and clients from the perspectives of these two legal systems.

Keywords

Main Subjects

References

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Journal of Comparative Law
Volume 9, Issue 4 - Serial Number 20
January 2026
Pages 117-133

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History

  • Receive Date: 23 September 2024
  • Revise Date: 16 February 2025
  • Accept Date: 27 March 2025

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