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A corollary to the attorney–client privilege is the joint defense privilege, which is also called the common interest rule. [8] The common interest rule "serves to protect the confidentiality of communications passing from one party to another party where a joint defense or strategy has been decided upon and undertaken by the parties and ...
The maintenance of full and frank disclosure between lawyers and their clients is the main justification for the duty of confidentiality. The basis for this rationale is utilitarianism, in that it works to promote the work of solicitors, who are officers of the court. It allows clients to freely discuss intimate details without fear that such ...
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.
1.7-1.11: Conflicts of Interest, including restrictions on attorneys arising from current clients, [9] [10] former clients, [11] prior work as a government employee or judge, [12] [13] and association with law firms. [14] 2 Counselor 2.1: Attorney's role as a candid advisor on topics within and outside of the law. [15] 3 Advocate
Recent legislation in the UK curtails the confidentiality professionals like lawyers and accountants can maintain at the expense of the state. [2] Accountants, for example, are required to disclose to the state any suspicions of fraudulent accounting and, even, the legitimate use of tax saving schemes if those schemes are not already known to ...
The original 1974 decision mandated warning the threatened individual, but a 1976 rehearing of the case by the California Supreme Court called for a "duty to protect" the intended victim. Explicit in the court's decision was the principle that the confidentiality of the therapeutic relationship is subordinate to the safety of society and its ...
The joint defense privilege, or common-interest rule, is an extension of attorney–client privilege. [1] Under "common interest" or "joint defense" doctrine, parties with shared interest in actual or potential litigation against a common adversary may share privileged information without waiving their right to assert attorney–client privilege. [2]
The work-product doctrine is more inclusive than attorney–client privilege.Unlike the attorney–client privilege, which includes only communications between an attorney and the client, work product includes materials prepared by persons other than the attorney themselves: The materials may have been prepared by anybody as long as they were prepared with an eye towards the realistic ...