There can be a duality of meaning, or perhaps even a tripartite of understanding; for, to “keep confidence” can mean the protective blanket of not sharing information with others and maintaining a “confidentiality” of data; or, it can mean that one maintains a level of confidence — a surety of belief in a successful endeavor. Or, perhaps even a third meaning which involves both: Maintaining confidentiality while secure in the belief of the endeavor involved, which is to work towards the goals agreed upon and progressing towards that goal, all the while maintaining the confidentiality that is explicitly and implicitly retained.
That is, in a nutshell, what an attorney-client relationship should be and continue to remain. Thus, from the moment of an initial telephone consultation, the confidence that is kept should be twofold: Security of privacy so that the discussion can be forthright and without reservation; and, if the case is to go forward, the confidence in its eventual success. Both components are essential for the successful outcome of an endeavor that may, at least initially, have some characteristics of trepidation and uncertainty.
For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal job, the issue of confidentiality is exponentially magnified because of multiple elements that work against the Federal or Postal employee: An agency’s Human Resource Department that is known to “share” sensitive information; a decidedly weighted bias in favor of “management” or those in superior positions; medical issues that should be divulged only to those in strictly “must know” positions; and an extremely sensitive decision on the part of the Federal or Postal employee on matters of health, employment and one’s future.
Containment of confidences is important; keeping confidence in both senses becomes vital; and one thing that the potential client can be assured of: Anything spoken to or shared with this attorney in preparing, formulating and filing for Federal Disability Retirement benefits, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, will always be maintained in order to “keep confidence”, in whatever manner of meaning the phrase may imply or express.
Robert R. McGill, Esquire