Attorney-Client Confidentiality

Topics: Attorney-client privilege, Lawyer, Law Pages: 4 (1722 words) Published: August 14, 2008
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...
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