Under what circumstances can an attorney reveal information about the client that the attorney obtained during the representation of that client?

When can you disclose information about a client?

Generally, you can disclose confidential information where: The individual has given consent. The information is in the public interest (that is, the public is at risk of harm due to a patient's condition)

Which of the following is an exception to the confidential nature of attorney-client privilege?

Some of the most common exceptions to the privilege include: Death of a Client. The privilege may be breached upon the death of a testator-client if litigation ensues between the decedent's heirs, legatees or other parties claiming under the deceased client. Fiduciary Duty.

Which of the following prevents the disclosure of confidential information as evidence?

Confidentiality agreements are another means to protect against disclosures of confidential information. Confidentiality agreements require the signer (such as an employee or vendor) not to disclose and to prevent any disclosure of confidential information.

What is the exception to the ethics rule against making unmeritorious claims and defenses?

The ethics rules on unmeritorious claims do provide an important exception to the general rule against making claims or defenses that are not warranted by the law, that is, if the client is seeking to extend, modify, or reverse the law.

Which of the following rights does not apply to a lawyer accused of professional misconduct?

Which of the following rights does NOT apply to a lawyer accused of professional misconduct? The exclusionary rules of criminal law do not apply to disciplinary proceedings. Thus, a lawyer accused of professional misconduct does not have the right to exclude evidence obtained from an illegal search.

Should attorneys disclose information given to them by their clients concerning the participation of an earlier unsolved crime?

The duty of confidentiality prevents lawyers from even informally discussing information related to their clients' cases with others. They must ordinarily keep private almost all information related to representation of the client, even if that information didn't come from the client.

Can a lawyer be called as a witness in court and compelled to reveal information provided by his or her client?

“In order to promote freedom of consultation of legal advisors by clients, the apprehension of compelled disclosure from the legal advisors must be removed.” The purpose of the rule of confidentiality is to protect the client from possible breach of confidence as a result of a consultation with an attorney.

Does an attorney have to provide information to the court that damages his client?

(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

Is the identity of a client protected by attorney-client privilege?

As a general proposition, a client's identity is not protected by the attorney-client privilege and is therefore subject to subpoena. When, however, disclosure of the client's identity necessarily discloses the substance of the legal advice provided to the client by the attorney, the privilege may apply.

Can you disclose client name?

Ethically it is not improper to disclose the name of a client except when the client is a nonbusiness individual who would reasonably expect confidentiality. and the statement that there is more to the issue of disclosure.

What is the difference between attorney-client privilege and confidentiality?

Very simply put, attorney-client privilege stems from rules of EVIDENCE, whereas confidentiality stems from rules of ETHICS. But that's not all. Starting with confidentiality, every state has Rules of Professional Conduct that apply to lawyers who are licensed in that state.

When supervised by an attorney a paralegal may do all of the following except?

A paralegal, while working under the supervision of an attorney, may do all of the following except for: appearing in court for a child custody case. Ethical conduct is expected of: every member of the legal team.

What is the term for protected statements between an attorney and client quizlet?

Attorney-Client Privilege. A confidential communication between a client and an attorney for the purpose of seeking legal advice or representation is privileged.

Which of the following is prohibited by the ethics rules on candor and honesty?

As it concerns candor and honesty, attorneys are: Prohibited from making false statements of law or fact. Prohibited from offering false evidence. Prohibited from not disclosing adverse controlling authority.

What are the rules of confidentiality?

The principle of confidentiality is about privacy and respecting someone's wishes. It means that professionals shouldn't share personal details about someone with others, unless that person has said they can or it's absolutely necessary.

What are the 5 confidentiality rules?

What is confidential information rule?

(a) The party requesting confidential treatment of information has no actual, valuable proprietary interest to protect with respect to the information sought to be treated as confidential.

What are the acceptable situations for breaking client confidentiality in the human services field?

There are a few situations that may require a therapist to break confidentiality: If the client may be an immediate danger to themself or another. If the client is endangering another who cannot protect themself, as in the case of a child, a person with a disability, or elder abuse.

Can you sue someone for disclosing personal information?

This happens in many commercial and professional situations, especially when you're dealing with trade secrets. If you have given someone confidential information and they've passed it on to someone else without your permission, you can sue for breach of confidentiality – and secure compensation.

Is confidential information privileged?

Confidential information includes both privileged and unprivileged client information. Information is “privileged” when some rule or law protects that information from disclosure.