Search results
Results from the WOW.Com Content Network
As the lawyer-client duty of confidentiality is primarily sourced in contract law, the wording of implied terms in the retainer agreement determines its scope of operation. Despite its importance, there have been few judicial attempts to resolve the extent of the implied term.
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.
Number Name Notable Rules 1 Client-Lawyer Relationship 1.1: Duty of Competence [7]; 1.6: Confidentiality of client information. [8] Note that these confidentiality requirements overlap with but are distinct from evidentiary rules of attorney-client privilege.
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."
Client confidentiality is the principle that an institution or individual should not reveal information about their clients to a third party without the consent of the client or a clear legal reason. This concept, sometimes referred to as social systems of confidentiality , is outlined in numerous laws throughout many countries.
Confidentiality is an important issue in primary care ethics, where physicians care for many patients from the same family and community, and where third parties often request information from the considerable medical database typically gathered in primary health care.
Another theme is confidentiality and this is an important principle in many nursing ethical codes. This is where information about the person is only shared with others after permission of the person, unless it is felt that the information must be shared to comply with a higher duty such as preserving life. [7]
In common law jurisdictions and some civil law jurisdictions, legal professional privilege protects all communications between a professional legal adviser (a solicitor, barrister or attorney) and his or her clients from being disclosed without the permission of the client. The privilege is that of the client and not that of the lawyer.