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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.
Confidentiality principle bolsters the therapeutic alliance, as it promotes an environment of trust. There are important exceptions to confidentiality, namely where it conflicts with the clinician's duty to warn or duty to protect. This includes instances of suicidal behavior or homicidal plans, child abuse, elder abuse and dependent adult abuse.
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 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]
A party withholding privileged documents from discovery complies with Rule 26(b)(5)(A) by producing a log containing the following information for each withheld document: the date, type of document, author(s), recipient(s), general subject-matter of the document, and the privilege being claimed (e.g., attorney-client).
The U.S. Attorney’s office in South Carolina said violating confidentiality rules “can potentially lead to threats ... is a personal injury and criminal defense lawyer in the 22-staff law firm ...
In 2022, Ryan McCarty sent out an 8-page letter unleashing allegations about malfeasance in the department. He claimed his superiors suppressed potentially exculpatory documents in criminal cases.
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.