lawyer confidentiality and clients who are children

Regardless of any of the above, it is the young person who is the lawyer’s client. The duty of confidentiality is no less important in representing a young person. This means that privileged communications between the young person and the lawyer cannot be shared with the young person’s parents, absent that person’s consent.

Full Answer

Can a client expect confidentiality from a lawyer?

Expecting Confidentiality. Lawyer-client communications are covered by the attorney-client privilege only if the circumstances lend themselves to confidentiality. For example, clients who speak to their lawyers about pending lawsuits in private, with no one else present, can reasonably expect secrecy.

Can a defendant's parents be present when consulting with their lawyer?

For perfectly understandable reasons, defendants sometimes want their parents, spouses, or friends to be present when they consult with their lawyers. Does that mean that the conversation won't be considered confidential? Quite possibly.

What is the duty of confidentiality in the law?

The duty of confidentiality prevents lawyers from even informally discussing information related to their clients' cases with others. They must keep private almost all information related to representation of the client, even if that information didn't come from the client.

Can a lawyer disclose what potential clients reveal in confidence?

Preliminary communications between a potential client and a lawyer are normally subject to the attorney-client privilege. That means that lawyers can't disclose what prospective clients reveal in confidence even if the lawyers never ends up representing them. ( In re Auclair, 961 F.2d 65 (5th Cir. 1992).)

What are the exceptions to the Confidentiality rule?

Mandatory Exceptions To Confidentiality They include reporting child, elder and dependent adult abuse, and the so-called "duty to protect." However, there are other, lesserknown exceptions also required by law. Each will be presented in turn.

What is the difference between attorney-client privilege and Confidentiality?

Very simply put, attorney-client privilege stems from rules of EVIDENCE, whereas confidentiality stems from rules of ETHICS. But that's not all. Starting with confidentiality, every state has Rules of Professional Conduct that apply to lawyers who are licensed in that state.

Is a client's name confidential?

"In most situations, the identity of a client is not considered confidential and in such circumstances Attorney may disclose the fact of the representation to Prospective Client without Witness Client's consent." Citing to Los Angeles County Bar Association Professional Responsibility and Ethics Committee Op.

How do you explain Confidentiality to a client in law?

To put it briefly, the Duty of Confidentiality states that your lawyer cannot reveal anything that is related to your legal representation without your consent. Thus, your lawyer is prohibited from revealing any matter that might be related to the legal claim for which you have hired them.

What type of information Cannot be kept confidential by the attorney-client privilege?

The duty of confidentiality prevents lawyers from even informally discussing information related to their clients' cases with others. They must ordinarily keep private almost all information related to representation of the client, even if that information didn't come from the client.

Which of the following may not be protected under the attorney-client privilege?

Which of the following may not be protected under the attorney-client privilege? A client who orally confesses to a crime.

What client information should be kept confidential?

Information that should be kept confidential are any information that could damage a company's reputation or ability to do business if it becomes public.Confidential Business Information.Confidential Employee Information.Handling Digital Data.Employee Education.

When can you disclose information about a client?

Generally, you can disclose confidential information where: The individual has given consent. The information is in the public interest (that is, the public is at risk of harm due to a patient's condition)

Which action violates a client's right to confidentiality?

Discussing a patient's information in public places where it may be overheard is a violation of a patient's confidentiality. The other options describe appropriate interactions for patient continuity of care and support of the treatment plan by the health care team.

Can you sue someone for disclosing personal information?

This happens in many commercial and professional situations, especially when you're dealing with trade secrets. If you have given someone confidential information and they've passed it on to someone else without your permission, you can sue for breach of confidentiality – and secure compensation.

What are the acceptable situations for breaking client confidentiality in the human services field?

There are a few situations that may require a therapist to break confidentiality: If the client may be an immediate danger to themself or another. If the client is endangering another who cannot protect themself, as in the case of a child, a person with a disability, or elder abuse.

What is the difference between privileged and confidential?

Confidentiality can be defined in terms of a counselor's duty not to disclose information about their client, while privileged communication in a counseling context can be defined in terms of a client's privilege not to have their counselor disclose information about them in a legal setting such as a court of law.

What does it mean by privileged and confidential?

Privileged and confidential communication is the interaction between two parties having a legally protected, private relationship. Law cannot force such parties to disclose the content of communication made between them.

What is solicitor client privilege in Canada?

Canada decision, there are a number of important distinctions between the two privileges: Solicitor-client privilege exists any time a client seeks legal advice from a lawyer whether or not litigation is involved. Litigation privilege applies only in the context of litigation itself.

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