Duty of Confidentiality

• Commentary: Duty of Confidentiality Applies at Unexpected Times

Every lawyer realizes the strength and breadth of our profession's duty of confidentiality. Most lawyers know that the duty lasts forever. Many of us include threatening disclaimers whenever we send an e-mail, warning accidental recipients that they must not share the e-mail with anyone else. Yet lawyers frequently overlook some of the obvious situations in which they may fall short of fulfilling their ethical duty. This can happen to lawyers in any size law firm.

• Lawyers USA
• February 16, 2011

• The Nurse's Duty to Report Child Abuse Versus the Attorney's Duty of Confidentiality: The Nurse Attorney's Dilemma

Nurses are specifically identified as mandatory reporters in a majority of state child protection statutes. The nurse's statutory duty to report child abuse conflicts with the duty to keep patient information confidential. State legislatures statutorily resolved this dilemma by deciding that the nurse's duty to report child abuse trumps the nurse's duty of confidentiality. The duty of the nurse attorney to report child abuse is not as clear, however, particularly when the information is gained through the confidential communications of an attorney-client relationship. The mandatory reporting versus duty of confidentiality conflict exists for nurse attorneys in states like Massachusetts that do not specifically identify or exclude attorneys under the child protection statute. Under these...

• Journal of Nursing Law
• Vol. 11 Nbr. 1, April 2007

• Bank's Duty of Confidentiality.

Article by Michael Kutschera, Thomas Schirmer and Alexander Kramer Assessment of the banks' taxes There is no bank secrecy to the extent that a di...

• Mondaq Business Briefing
• Nbr. 2005, January 2005

• Valente v. Porter, Wright, Morris & Arthur, L.L.P., (Ohio 2010)

Motion for summary judgment; Civ.R. 56; induced breach of the duty of confidentiality; induced breach of fiduciary duty

• Ohio Supreme Court

• Bank's Duty of Confidentiality.

Article by Michael Kutschera, Thomas Schirmer and Alexander Kramer Introduction Austrian law expressly recognises and protects a bank's duty of co...

• Mondaq Business Briefing
• Nbr. 2005, January 2005

• Decision Highlights The Difference Between The Ethics Duty Of Confidentiality And The Attorney-Client Privilege

Although lawyers' ethics duties and the attorney-client privilege both focus on confidentiality, they have dramatically different scopes. In most stat...

• Mondaq Business Briefing
• United States Law Articles in English

• Journalists caught in the crossfire: Robert Novak, the First Amendment, and journalist's duty of confidentiality.

INTRODUCTION A single statement by a journalist can set off a firestorm of criticism. In the case of columnist Robert Novak, his statement also fire...

• American Criminal Law Review
• Vol. 42 Nbr. 3, June 2005

• The duty to give information and the duty of confidentiality.

Open Communication with Both Clients Is the Rule in Tripartite Relationships Insurers control the defense, investigation and settlement of claims. T...

• Defense Counsel Journal
• Vol. 70 Nbr. 4, October 2003

• Directors and the Duty of Confidentiality

The Hewlett-Packard board debacle may be long-remembered for adding the term pretexting - pretending to be someone else to obtain their private information - to the American lexicon. What may have been lost in the internal probes, congressional hearings and prosecutions is the frustration that many on the Hewlett-Packard board felt over leaks of information to the media. This frustration is understandable. There has been a lessening, and, in some cases, a cavalier disregard, of director decorum, especially confidentiality of director deliberations. The out-of-control spiral resulting from the leaks at Hewlett-Packard, one hopes, will serve as a wake-up call, not just a recognition that corporate investigations have limits but of the need to restore confidentiality to the boardroom. Dire...

• Bank News
• Vol. 107 Nbr. 8, August 2007

• Clearer guidance for estate planning lawyers: how do we deal with clients suffering from diminished capacity? What duty of confidentiality do we owe prospective clients who meet with but don't hire us? These are some of the ethics questions faced by estate planning lawyers that are easier to answer thanks to the new rules.

[ILLUSTRATION OMITTED] The newly revised Illinois Rules of Professional Conduct (1) were meticulously crafted to provide relief and clarification fo...

• Illinois Bar Journal
• Vol. 98 Nbr. 8, August 2010