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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." [1]
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 ...
In common law jurisdictions, the duty of confidentiality obliges solicitors (or attorneys) to respect the confidentiality of their clients' affairs. Information that solicitors obtain about their clients' affairs may be confidential, and must not be used for the benefit of persons not authorized by the client.
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Beard, the Supreme Court faulted the defendant's lawyer for not reviewing a file that the attorney knew would be used by the prosecution in the sentencing phase of the trial. [17] In Glover v. United States, a lawyer was held to be ineffective when he failed to object to the judge's miscalculation of the defendant's sentence. [18] In Hinton v.
For example, in 1990 Florida passed a 'Sunshine in Litigation' law that limits confidentiality from concealing public hazards. [20] Washington state, Texas, Arkansas, and Louisiana have laws limiting confidentiality as well, although judicial interpretation has weakened the application of these types of laws. [ 21 ]
The tort of breach of confidence is, in United States law, a common-law tort that protects private information conveyed in confidence. [1] A claim for breach of confidence typically requires the information to be of a confidential nature, which was communicated in confidence and was disclosed to the detriment of the claimant.
Many banking institutions maintain client privacy through confidentiality agreements. Some, akin to attorney–client privilege, offer banker–client privilege.. A non-disclosure agreement (NDA), also known as a confidentiality agreement (CA), confidential disclosure agreement (CDA), proprietary information agreement (PIA), or secrecy agreement (SA), is a legal contract or part of a contract ...
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