attorney must disclose where he received confidential information

The source of the information does not matter with respects to the duty of confidentiality. If your lawyer has learned information about you from a person besides yourself, they cannot disclose the information if it is related to your claim.

Full Answer

When does a lawyer have to disclose confidential information?

Likewise, most states allow—or require—attorneys to disclose information learned from a client that will prevent death or serious injury. Many have a similar rule where revealing otherwise confidential information would prevent or remedy financial injury due to a crime or fraud.

Can a lawyer repeat confidential information to a client?

Under the Rules of Professional Conduct, all information that an attorney learns during the course of representing a client is confidential. This includes information that the attorney learns from the client as well as information from third parties. With some very limited exceptions, attorneys cannot disclose any information unless the client gives informed consent. Mass. R. Prof. C. …

What happens if a client discloses information to a party?

Self–Defense of Attorney: The attorney can disclose confidential information if it is necessary to defend themselves against a personal claim that the client filed against them. Prevent Client from Committing a Crime: If the client is about to commit a crime involving the death or serious bodily injury of another, the attorney can disclose information regarding the crime.

Can a lawyer reveal information without the client's consent?

Most lawyers are aware of their duty to preserve confidential client information. Generally, lawyers may not disclose confidential client information without client consent unless they are authorized to do so by the limited circumstances enumerated …

What is a lawyers duty of confidentiality?

The duty of confidentiality applies to all confidential information about a client's affairs, no matter how the solicitor came by that information.

Under what conditions would an attorney have an implied authorization to disclose client information?

(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

What is rule of confidentiality?

Further, under section 129 of the Act, no one shall be compelled to disclose to the court any confidential communication that has taken place between him or her and his or her attorney, unless they have offered themselves as a witness, in which case they may be compelled to disclose any communication as may appear to ...May 8, 2019

When may a lawyer disclose confidences of his client?

Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client except; (a) When authorized by the client after acquainting him of the consequences of the disclosure; (b) When required by law; (c) When necessary to collect his fees or to defend himself, his employees or associates or by judicial action.

Do lawyers have client confidentiality?

The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to.

What is considered confidential client information?

Confidential client information is any client information that is not available to the public. Confidential information may include technology, trade secrets, information pertaining to business operations and strategies, and information pertaining to customers, pricing and marketing.Jan 11, 2022

What are the 5 confidentiality rules?

Dos of confidentialityAsk for consent to share information.Consider safeguarding when sharing information.Be aware of the information you have and whether it is confidential.Keep records whenever you share confidential information.Be up to date on the laws and rules surrounding confidentiality.Sep 9, 2020

Are legal cases confidential?

(1) Nothing filed publicly in the reviewing court-including any application, brief, petition, or memorandum-may disclose material contained in a confidential record, including a record that, by law, a party may choose be kept confidential in reviewing court proceedings and that the party has chosen to keep confidential ...

When can a lawyer break confidentiality?

When can a solicitor breach confidentiality? A solicitor cannot be under a duty of confidentiality if the client is trying to use them or the firm to commit fraud or other crimes. A client cannot make a solicitor the confidant of a crime and expect them to close up their lips upon any secret they dare to disclose.Jan 7, 2021

When can you disclose information about a client?

You can disclose a patient's health information to a 'responsible person' where: the patient lacks the capacity to consent or is unable to communicate consent, and. the disclosure is either necessary to provide appropriate treatment, or is made for compassionate reasons.Sep 6, 2019

Who has a duty of confidentiality?

In common law jurisdictions, the duty of confidentiality obliges solicitors (or attorneys) to respect the confidentiality of their clients' affairs. Information that solicitors obtain about their clients' affairs may be confidential, and must not be used for the benefit of persons not authorized by the client.

What are the exceptions to confidentiality?

Which Circumstances Are Exempt from Confidentiality?The client is an imminent and violent threat towards themselves or others.There is a billing situation which requires a condoned disclosure.Sharing information is necessary to facilitate client care across multiple providers.More items...•Jan 15, 2019