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Attorney–client privilege or lawyer–client privilege is the common law doctrine of legal professional privilege in the United States. Attorney–client privilege is "[a] client's right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney."
The duty of confidentiality is much broader than the attorney–client evidentiary privilege, which only covers communications between the attorney and the client. [ 1 ] Both the privilege and the duty serve the purpose of encouraging clients to speak frankly about their cases.
Attorney General v Observer Ltd [1990] [1] is an English tort law case on breach of confidentiality. It also raised questions of the interests of public policy and freedom of expression, under the European Convention on Human Rights, because it involved a spy's publication of secret information.
Covington High School student Nicholas Sandmann’s lawyer says that CNN’s Brian Stelter and others committed a “breach of confidentiality agreement” when they tweeted about the defamation ...
The tort of breach of confidence is, in United States law, a common-law tort that protects private information conveyed in confidence. [1] A claim for breach of confidence typically requires the information to be of a confidential nature, which was communicated in confidence and was disclosed to the detriment of the claimant.
O'Hagan, 521 U.S. 642 (1997), was a United States Supreme Court case concerning insider trading and breach of U.S. Securities and Exchange Commission Rule 10(b) and 10(b)-5. In an opinion written by Justice Ruth Bader Ginsburg , the Court held that an individual may be found liable for violating Rule 10(b)-5 by misappropriating confidential ...
This is justified on policy grounds. If lawyers were unable to disclose such information, many would undertake legal work only where payment is made in advance. This would arguably adversely affect the public's access to justice. Lawyers may also breach the duty where they are defending themselves against disciplinary or legal proceedings.
The Turkish Advocacy Code's rationale for the rules of legal professional privilege is that confidentiality enables lawyers to accurately encourage strong cases, which improves the efficiency of the legal system. [17] There is a fraud exception to both litigation privilege and legal advice privilege. [17]
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