A client must be able to trust that the personal information he or she shares with you will not be revealed to other people. This article was co-authored by Trudi Griffin, LPC, MS. Trudi Griffin is a Licensed Professional Counselor in Wisconsin specializing in Addictions and Mental Health. The rule of client-lawyer confidentiality applies in situations other than those where evidence is sought from the lawyer through compulsion of law. Under those circumstances, paragraph (a) prohibits disclosure unless the client or former client gives informed consent. Whether such a law supersedes Rule 1.6 is a question of law beyond the scope of these Rules. There are 17 references cited in this article, which can be found at the bottom of the page. She provides therapy to people who struggle with addictions, mental health, and trauma in community health settings and private practice. See Rule 1.18 for the lawyer's duties with respect to information provided to the lawyer by a prospective client, Rule 1.9(c)(2) for the lawyer's duty not to reveal information relating to the lawyer's prior representation of a former client and Rules 1.8(b) and 1.9(c)(1) for the lawyer's duties with respect to the use of such information to the disadvantage of clients and former clients. See also Rule 1.16 with respect to the lawyerâs obligation or right to withdraw from the representation of the client in such circumstances, and Rule 1.13(c), which permits the lawyer, where the client is an organization, to reveal information relating to the representation in limited circumstances. When disclosure of information relating to the representation appears to be required by other law, the lawyer must discuss the matter with the client to the extent required by Rule 1.4. Whether a lawyer may be required to take additional steps in order to comply with other law, such as state and federal laws that govern data privacy, is beyond the scope of these Rules. explain confidentiality, as a genuinely unresolved problem to serve as an example of how to engage law students as collaborators. % of people told us that this article helped them. 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. See Rules 1.1, 5.1 and 5.3. [3] The principle of client-lawyer confidentiality is given effect by related bodies of law: the attorney-client privilege, the work product doctrine and the rule of confidentiality established in professional ethics. [20] The duty of confidentiality continues after the client-lawyer relationship has terminated. It is advisable that you keep a copy of the form in the lobby so that patients can read it before speaking to you.
What happens when another professional asks to discuss a mutual client with me? [1] This Rule governs the disclosure by a lawyer of information relating to the representation of a client during the lawyer's representation of the client.
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