This topic contains a solution. Click here to go to the answer

Author Question: Explain the requirements of the ethical rule of confidentiality. What are the exceptions to the ... (Read 94 times)

mspears3

  • Hero Member
  • *****
  • Posts: 586
Explain the requirements of the ethical rule of confidentiality. What are the exceptions to the confidentiality rule? Give examples of each of the exceptions to the rule.
 
  Ans?

Question 2

Which of the following organizations wants to be involved in direct regulation of paralegals?
 
  a. State bar associations
  b. Government authorities
  c. NALA
  d. NFPA
  e. All of these choices are correct



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

ryhom

  • Sr. Member
  • ****
  • Posts: 366
Answer to Question 1

As stated in Rule 1.6 of the Model Rules, the rule of confidentiality holds that a lawyer shall not reveal information relating to representation of a client. The exceptions to the client confidentiality rule are:

lient gives informed consent to the disclosureFor example, an attorney might be drawing up a will for the client, and the client is making his only son the sole beneficiary and leaving nothing to his daughter. If the client says to the attorney, If my daughter calls to find out if she has inherited anything, go ahead and tell her that she gets nothing, the client has consented to the disclosure.

Impliedly authorized disclosuresFor example, the attorney must provide confidential information to a paralegal in order for her to do work on the case.

Disclosures to prevent harmFor example, when a client who is in jail on charges of murdering his mother-in-law states that he is also going to kill his wife and indicates that he has a plan for doing so, the attorney can reveal the relevant information.

Disclosures to ensure compliance with Model RulesFor example, an attorney could seek confidential legal advice about her ethical responsibilities in a particular situation.

Defending against a client's legal actionFor example, if the client sues the attorney for legal malpractice, the attorney may use the client file to defend against the action.

Disclosures to comply with court order or other lawFor example, a court could require an attorney to reveal confidential information about assets that a client had hidden from his wife in a divorce case.

Answer to Question 2

E





 

Did you know?

The horizontal fraction bar was introduced by the Arabs.

Did you know?

According to animal studies, the typical American diet is damaging to the liver and may result in allergies, low energy, digestive problems, and a lack of ability to detoxify harmful substances.

Did you know?

For about 100 years, scientists thought that peptic ulcers were caused by stress, spicy food, and alcohol. Later, researchers added stomach acid to the list of causes and began treating ulcers with antacids. Now it is known that peptic ulcers are predominantly caused by Helicobacter pylori, a spiral-shaped bacterium that normally exist in the stomach.

Did you know?

There are major differences in the metabolism of morphine and the illegal drug heroin. Morphine mostly produces its CNS effects through m-receptors, and at k- and d-receptors. Heroin has a slight affinity for opiate receptors. Most of its actions are due to metabolism to active metabolites (6-acetylmorphine, morphine, and morphine-6-glucuronide).

Did you know?

The average human gut is home to perhaps 500 to 1,000 different species of bacteria.

For a complete list of videos, visit our video library