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This contributes to the trust that is the hallmark of the client-lawyer relationship. The client is thereby encouraged to seek legal assistance and to communicate fully and frankly with the lawyer even as to embarrassing or legally damaging subject matter.
The lawyer needs this information to represent the client effectively and, if necessary, to advise the client to refrain from wrongful conduct. Almost without exception, clients come to lawyers in order to determine their rights and what is, in the complex of laws and regulations, deemed to be legal and correct.
Based upon experience, lawyers know that almost all clients follow the advice given, and the law is upheld. The attorney- client privilege and work-product doctrine apply in judicial and other proceedings in which a lawyer may be called as a witness or otherwise required to produce evidence concerning a client.
The rule of client-lawyer confidentiality applies in situations other than those where evidence is sought from the lawyer through compulsion of law.
The confidentiality rule, for example, applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source. A lawyer may not disclose such information except as authorized or required by the Rules of Professional Conduct.
This prohibition also applies to disclosures by a lawyer that do not in themselves reveal protected information but could reasonably lead to the discovery of such information by a third person. A lawyer's use of a hypothetical to discuss issues relating to the representation is permissible so long as there is no reasonable likelihood that the listener will be able to ascertain the identity of the client or the situation involved.
Authorized Disclosure  [Washington revision] Except to the extent that the client's instructions or special circumstances limit that authority, a lawyer is impliedly authorized to make disclosures about a client when appropriate in carrying out the representation.
In some situations, for example, a lawyer may be impliedly authorized to admit a fact that cannot properly be disputed or to make a disclosure that facilitates a satisfactory conclusion to a matter. Lawyers in a firm may, in the course of the firm's practice, disclose information relating to a client of the firm to other lawyers or LLLTs within the firm, unless the client has instructed that particular information be confined to specified lawyers or LLLTs.
Paragraph b 1 recognizes the overriding value of life and physical integrity and requires disclosure reasonably necessary to prevent reasonably certain death or substantial bodily harm.
Such harm is reasonably certain to occur if it will be suffered imminently or if there is a present and substantial threat that a person will suffer such harm at a later date if the lawyer fails to take action necessary to eliminate the threat. Thus, a lawyer who knows that a client has accidentally discharged toxic waste into a town's water supply must reveal this information to the authorities if there is a present and substantial risk that a person who drinks the water will contract a life-threatening or debilitating disease and the lawyer's disclosure is necessary to eliminate the threat or reduce the number of victims.
In most situations, disclosing information to secure such advice will be impliedly authorized for the lawyer to carry out the representation. Even when the disclosure is not impliedly authorized, paragraph b 4 permits such disclosure because of the importance of a lawyer's compliance with the Rules of Professional Conduct.
The same is true with respect to a claim involving the conduct or representation of a former client. Such a charge can arise in a civil, criminal, disciplinary or other proceeding and can be based on a wrong allegedly committed by the lawyer against the client or on a wrong alleged by a third person, for example, a person claiming to have been defrauded by the lawyer and client acting together.
The lawyer's right to respond arises when an assertion of such complicity has been made. Paragraph b 5 does not require the lawyer to await the commencement of an action or proceeding that charges such complicity, so that the defense may be established by responding directly to a third party who has made such an assertion.
The right to defend also applies, of course, where a proceeding has been commenced. This aspect of the Rule expresses the principle that the beneficiary of a fiduciary relationship may not exploit it to the detriment of the fiduciary.
Under these circumstances, lawyers and law firms are permitted to disclose limited information, but only once substantive discussions regarding the new relationship have occurred. Any such disclosure should ordinarily include no more than the identity of the persons and entities involved in a matter, a brief summary of the general issues involved, and information about whether the matter has terminated.
Even this limited information, however, should be disclosed only to the extent reasonably necessary to detect and resolve conflicts of interest that might arise from the possible new relationship.
Moreover, the disclosure of any information is prohibited if it would compromise the attorney-client privilege or otherwise prejudice the client e. Under those circumstances, paragraph a prohibits disclosure unless the client or former client gives informed consent.
A lawyer's fiduciary duty to the lawyer's firm may also govern a lawyer's conduct when exploring an association with another firm and is beyond the scope of these rules. See also RPC 1.
Paragraph b 7 does not restrict the use of information acquired by means independent of any disclosure pursuant to paragraph b 7. Paragraph b 7 also does not affect the disclosure of information within a law firm when the disclosure is otherwise authorized, see Comment , such as when a lawyer in a firm discloses information to another lawyer in the same firm to detect and resolve conflicts of interest that could arise in connection with undertaking a new representation.
Absent informed consent of the client to do otherwise, the lawyer should assert on behalf of the client all nonfrivolous claims that the information sought is protected against disclosure by the attorney-client privilege or other applicable law.
In the event of an adverse ruling, the lawyer must consult with the client about the possibility of appeal to the extent required by Rule 1. Unless review is sought, however, paragraph b 6 permits the lawyer to comply with the court's order.
See also Washington Comment . Where practicable, the lawyer should first seek to persuade the client to take suitable action to obviate the need for disclosure.-2 Despite efforts to bring courts into compliance, some state court system policies and practices significantly and unreasonably impede, hinder, or restrict participation in court.
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-2 Despite efforts to bring courts into compliance, some state court system policies and practices significantly and unreasonably impede, hinder, or restrict participation in court. Necessity is a civil defence while duress and duress of circumstances are criminal defences. Therefore in order to fully answer this question we must explore the defences of duress, duress of circumstances for criminal law and the defence of necessity for civil law and determine to what extent they provide a . Family Law Courts have jurisdiction over all cases involving dissolution of marriage, legal separation, nullity, paternity, domestic violence, child custody, visitation and support.
Analysis of Briefing Requirements in the Courts of Appeals I. Introduction At its November meeting, the Judicial Conference Advisory Committee on the.
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Necessity is a civil defence while duress and duress of circumstances are criminal defences. Therefore in order to fully answer this question we must explore the defences of duress, duress of circumstances for criminal law and the defence of necessity for civil law and determine to what extent they provide a .