You are working on a new civil litigation case where the plaintiffs allege that a local daycare provider has been inappropriately touching the children placed in her care. A complaint has not been filed, and the media has not reported the story. You know your neighbor has her children in the same day-care facility. One day while talking over the fence, your neighbor mentions that little Johnny has started wetting the bed again and has been reluctant to undress in front of her at bath time. What can you tell your neighbor? Let’s assume that the newspaper breaks the story the next day. Your neighbor comes to you asking if the story is true and what she should do with Johnny. What can you do now?
What will be an ideal response?
You cannot share specific information that you obtained in the course of the
litigation. This is a breach of confidentiality. However, there is nothing to stop you from
sharing common sense and suggesting to your neighbor that she may want to seek
professional help for little Johnny. Even after the media break the story, you should not
share any information that is not already public.
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