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

Author Question: What are the three judicial approaches to the inadvertent disclosure of confidential information? ... (Read 64 times)

Kthamas

  • Hero Member
  • *****
  • Posts: 546
What are the three judicial approaches to the inadvertent disclosure of confidential information? How might each of these approaches result in a different outcome for the client?
 
  What will be an ideal response?

Question 2

What is ethics? How is it defined with respect to the attorney-client relationship?
 
  What will be an ideal response?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

Jadwiga9

  • Sr. Member
  • ****
  • Posts: 316
Answer to Question 1

Automatic waiver means that once confidentiality is breached by an inadvertent disclosure, the privilege is automatically waived. The documents may be used by the party who received them inadvertently.
No waiver means that the privilege is destroyed only when a client makes a knowing and voluntary waiver of the privilege.
The balancing test considers a number of factors, such as the efforts taken to protect the information, the efforts made to correct the inadvertent disclosure, the extent of the disclosure, and the fairness to the parties. The court may impose a variety of remedies, such as unlimited use of the disclosed information, return of the documents, or disqualification of the attorney who has seen the material.

Answer to Question 2

Ethics are the minimally accepted standards of conduct in a profession. For lawyers, ethics are determined by state law based on the American Bar Associations Model Rules of Professional Conduct. For paralegals, the professional associations such as NALA (National Association of Legal Assistants) and NFPA (National Federation of Paralegal Associations) require members to conduct themselves in accordance with guidelines of ethical behavior that are very similar to the ABA Model Rules of Professional Conduct




Kthamas

  • Member
  • Posts: 546
Reply 2 on: Aug 3, 2018
Great answer, keep it coming :)


AngeliqueG

  • Member
  • Posts: 343
Reply 3 on: Yesterday
Excellent

 

Did you know?

There are 60,000 miles of blood vessels in every adult human.

Did you know?

Looking at the sun may not only cause headache and distort your vision temporarily, but it can also cause permanent eye damage. Any exposure to sunlight adds to the cumulative effects of ultraviolet (UV) radiation on your eyes. UV exposure has been linked to eye disorders such as macular degeneration, solar retinitis, and corneal dystrophies.

Did you know?

Human stomach acid is strong enough to dissolve small pieces of metal such as razor blades or staples.

Did you know?

Pink eye is a term that refers to conjunctivitis, which is inflammation of the thin, clear membrane (conjunctiva) over the white part of the eye (sclera). It may be triggered by a virus, bacteria, or foreign body in the eye. Antibiotic eye drops alleviate bacterial conjunctivitis, and antihistamine allergy pills or eye drops help control allergic conjunctivitis symptoms.

Did you know?

Your skin wrinkles if you stay in the bathtub a long time because the outermost layer of skin (which consists of dead keratin) swells when it absorbs water. It is tightly attached to the skin below it, so it compensates for the increased area by wrinkling. This happens to the hands and feet because they have the thickest layer of dead keratin cells.

For a complete list of videos, visit our video library