Legal Question in Legal Ethics in California

You are mixing up two areas of law. A "gag" order is a judge's order directing the parties, their attorneys, and the witnesses, and sometimes journalists (reporters) from discussing the facts of a case. There is also an older gag order that involves a criminal defendant being actually gagged during a trial to prevent him from interrupting the proceedings. That type of gag order is rare. Gag orders on attorneys and their attorneys raise First Amendment issues, and are known as "prior restraints."

The doctrine of attorney client confidentiality is a doctrine that requires an attorney to keep his client's secrets secret. In California, the rule is set forth in California Rules of Professional Conduct, rule 3-100 subd. (A). "A member shall not reveal information protected from disclosure by Business and Professions Code section 6068, subdivision (e)(1) without the informed consent of the client, or as provided in paragraph (B) of this rule.

(B) A member may, but is not required to, reveal confidential information relating to the representation of a client to the extent that the member reasonably believes the disclosure is necessary to prevent a criminal act that the member reasonably believes is likely to result in death of, or substantial bodily harm to, an individual."

This means that if you tell your attorney about something that happened in the past, and it is confidential, he must keep it confidential. But if you plan on committing a crime that is likely to hurt someone, the attorney may warn the intended victim or law enforcement.