Search results
Results from the WOW.Com Content Network
The crime–fraud exception can render the privilege moot when communications between an attorney and client are themselves used to further a crime, tort, or fraud. In Clark v. United States, the U.S. Supreme Court stated that "A client who consults an attorney for advice that will serve him in the commission of a fraud will have no help from ...
Swidler & Berlin v. United States, 524 U.S. 399 (1998), was a case in which the Supreme Court of the United States held that the death of an attorney's client does not terminate attorney–client privilege with respect to records of confidential communications between the attorney and the client.
The duty is sourced from a combination of contract law and equity arising from the distinctive relationship between lawyer and client. The solicitor or attorney is an agent of the client under the law of agency. In contract, the duty arises from terms contained in the retainer agreement. Complementarily, equity prohibits unauthorised use or ...
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.
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.
According to a draft of the proposal, the personal representative of the deceased, such as the executor of a will, would get access to - but not control of - a person's digital files so long as ...
Duty to warn is among the few exceptions to a client's right to confidentiality and the therapist's ethical obligation to maintain confidential information related in the context of the therapeutic relationship.
Dealing with the death of a loved one is stressful enough. But not knowing what to do with someone's finances after the person has passed away poses an additional burden on a grieving family.