Explain the requirements of the ethical rule of confidentiality. What are the exceptions to the confidentiality rule? Give examples of each of the exceptions to the rule
Ans?
As stated in Rule 1.6 of the Model Rules, the rule of confidentiality holds that a lawyer shall not reveal information relating to representation of a client. The exceptions to the client confidentiality rule are:
lient gives informed consent to the disclosureâ€"For example, an attorney might be drawing up a will for the client, and the client is making his only son the sole beneficiary and leaving nothing to his daughter. If the client says to the attorney, "If my daughter calls to find out if she has inherited anything, go ahead and tell her that she gets nothing," the client has consented to the disclosure.
Impliedly authorized disclosuresâ€"For example, the attorney must provide confidential information to a paralegal in order for her to do work on the case.
Disclosures to prevent harmâ€"For example, when a client who is in jail on charges of murdering his mother-in-law states that he is also going to kill his wife and indicates that he has a plan for doing so, the attorney can reveal the relevant information.
Disclosures to ensure compliance with Model Rulesâ€"For example, an attorney could seek confidential legal advice about her ethical responsibilities in a particular situation.
Defending against a client's legal actionâ€"For example, if the client sues the attorney for legal malpractice, the attorney may use the client file to defend against the action.
Disclosures to comply with court order or other lawâ€"For example, a court could require an attorney to reveal confidential information about assets that a client had hidden from his wife in a divorce case.
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