Attorney-Client Confidentiality
The Attorney/Client Privilege is a law that protects communications between attorneys and their clients by keeping them confidential. This privilege encourages openness and honesty between attorneys and their clients because lawyers cannot reveal attorney/client communications. Although it seems like this is a positive thing and most of the time it is, it can also lead to a major problem for lawyers because similar to psychologists they must ask themselves when is it necessary to break this confidentiality. As a lawyer you work in very close quarters with your clients as they trust you with their personal information and in many cases, their freedom. It would be unethical to take advantage of their trust however; there are some exceptions to the rule which I will discuss later. On the other hand, if you are a person of low morale you may act unethically and lie for your client just because that’s where your paycheck is coming from which happens more times than one would like to admit. Therefore, Lawyers tend to hold somewhat of a bad reputation; they are often looked down upon as being immoral and are sometimes even referred to as liars. There are many aspects of confidentiality for example; a law firm can be sued for malpractice if it inadvertently discloses damaging confidential information about a client to another firm member who had been screened from participating in the matter. (Spur Products Corp. v. Stoel Rives LLP, Idaho, No. 3043, 9/30/05). Yet Judge D. Duff McKee wrote, “There is no general duty of confidentiality to keep information from being exchanged among lawyers in the same firm, nor any general duty that require one to seek the client’s permission before exchanging information with others from the same law firm. (Spur Products Corp. v. Stoel Rives LLP, Idaho, No. 3043, 9/30/05). There’s also the issue of lawyers signing off on false documents, in this case it is the counselor’s duty to persuade his client to correct it or withdraw the
References: • (2005) Court Decisions. Malpractice: Inadvertent Disclosures to Screened Lawyer Create Viable Malpractice Claim Against Firm. ABA/BNA Lawyer’s Manual of Professional Conduct, 21 Law Man Prof. Conduct 518. Retrieved Nov. 19, 2005 fromhttp://lawyersmanual.bna.com/mopw/3200/split_display.adp?fedfid=3000064&vname=mopcnot&fcn=2&wsn=217&fn=3000064&split=0 • Joseph L. Daly (1998). Attorney-Client Privilege and the Rule of Confidentiality. Bench Bar of Minnesota, 14:36:42. Retrieved Nov. 15, 2005 fromhttp://www2.mnbar.org/benchandbar/1998/nov- dec98/privilege_confidentiality.htm • (2005) Ethics Opinions. Confidentiality: Lawyer Who Signs off on False Document Has to Ensure Document is Withdrawn. ABA/BNA Lawyer’s Manual of Professional Conduct, 21Law.Man.Conduct18, Retrieved Nov. 19, 2005 fromhttp://lawyersmanual.bna.com/mopw/3200/split_display.adp?fedfid=1728923&vname=mopcnot&fcn=12&wsn=767&fn=1728923&split=0 • (2005) Ethics Opinion. Confidentiality: Nevada Lawyer’s Who Learn of Child Abuse Must Keep Mum and Risk Criminal Sanctions. ABA/BNA Lawyer’s Manual on Professional Conduct, 21 Law. Man. Prof. Conduct 526. Retrieved Nov. 19, 2005 fromhttp://lawyersmanual.bna.com/mopw/3200/split_display.adp?fedfid=3000065&vname=mopcnot&fcn=8&wsn=221&fn=3000065&split=0 • (2004) Disciplinary Proceedings. Confidentiality: Client’s Rap Sheet Can be ‘Secret’ Within Lawyer’s Duty of Confidentiality. ABA/BNA Lawyer’s Manual on Professional Conduct, 20 Law. Man. Prof. Conduct 365.RetrievedNov.19,2005 from http://lawyersmanual.bna.com/mopw/3200/split_display.adp?fedfid=1442402&vname=mopcnot&fcn=13&wsn=1107&fn=1442402&split=0 • Biernat, Len; Manson, Hunter R. (1995) Legal Ethics form Management and their Counsel. Michie Butterworth Publications.