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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.
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.
Medical privacy, or health privacy, is the practice of maintaining the security and confidentiality of patient records. It involves both the conversational discretion of health care providers and the security of medical records.
Physician–patient privilege is a legal concept, related to medical confidentiality, that protects communications between a patient and their doctor from being used against the patient in court. It is a part of the rules of evidence in many common law jurisdictions. Almost every jurisdiction that recognizes physician–patient privilege not to ...
Unless the law provides otherwise, when and to the extent that the legitimate exercise of a right would interfere with another person's right to have his communications with his lawyer kept confidential, the resulting conflict should be resolved in favour of protecting the confidentiality. 3. When the law gives someone the authority to do ...
A duty to warn is a concept that arises in the law of torts in a number of circumstances, indicating that a party will be held liable for injuries caused to another, where the party had the opportunity to warn the other of a hazard and failed to do so.
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.