There are times when the ethical/moral obligation of confidentiality
seems to be absolute. One of these is, and must be, that between a
recognized confessorâ€"priest, rabbi, ministerâ€"and the person confessing.
Whether there are or should be exceptions to this is debatable; does the
confessor have an obligation to make known an individual's intent to commit
murder, for instance, or the fact that a murder has already been committed'
It is interesting, and, while not the subject here, may shed some light on
the ethical basis for confidentiality between lawyer and client. In
addition, for lawyers, the obligation of confidentiality is a formally
imposed obligation (as for priests). In fact, religion as known for the
past couple thousand years would not be what it is without it, a mechanism
for cleansing souls, among other things. Just so, the system of British
jurisprudence would not be what it is without the obligation of
confidentiality, through which the deeds and misdeeds of men can be weighed
by human scales. The obligation of confidentiality means, in a purely
utilitarian sense, that the adversary must diligently pursue truth. With
luck, the give and take, again in a utilitarian sense, will produce that,
For example, if a lawyer is to represent a client he or she knows is
guiltyâ€"and if any lawyer taking the case would know the same thing because
of a confession or a video or other solid evidentiary materialâ€"without
confidentiality, that accused person could not obtain representation, never
mind justice. In turn, that would throw the concept of English
jurisprudence into turmoil. It would, in fact, virtually eliminate the
need for trial by jury in some casesâ€"or even in many casesâ€"and that would
prevent the refinements of law that exist in assessing and assigning de...