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ABA Model Rules Of Confidentiality

939 Words4 Pages

Confidentiality is an ethical obligation and Privilege is a rule of evidence according to our text book. (Goldman, para. 3, pg. 28) Rule 1.6 of the ABA Model Rules of Professional Conduct says that lawyers are to “not reveal information relating to representation of a client”. (American Bar Association, 2016) It is the lawyers’ ethical duty to keep the information confident from the beginning of the interview until the grave. Everything that is communicated, learned or obtained from or even about the client has to be kept confidential. This would protect the client from information being leaked to outside sources. Confidentiality pertains to not only the lawyer but his team as well. (Goldman, para. 2, pg. 27) It also includes information that …show more content…

(Goldman, para. 3, pg. 29) According to ABA’s 1.6 [2], The client has to be advised as to what information may be disclosed and what kind of impact it could have on the situation that the client is in. (American Bar Association, 2016) The lawyer and his team are not even allowed to say publicly published information is true or not true. It they could potentially jeopardize any type of case that they could have in the court. If they are in a public place as well, like the coffee shop, anyone could hear the information and it could get back to the other side and thus they could build a defense to the argument or defense that they are trying to create. The client although can break the privilege by communicating with anyone else besides the lawyer, such as a newspaper for instance. (Goldman, para. 4, pg. 32) As well as the lawyer falls under the self-defense exception is not bund by the rules of confidentiality and privilege if they are being accused of any wrongdoing. (Goldman, para. 5, pg. …show more content…

(Goldman, para. 2, pg. 31) The only exception being third party prepared documents. (Goldman, para. 2, pg. 34) If the lawyer is being asked to testify in court about the communications that are shared just between the client and attorney, normally, the client can ask the privilege to be invoked to save the confidentiality between the client-attorney. (Goldman, para. 5-4, pg. 30-31) This would allow the attorney to not testify against his/her client, protecting the client. The court can over-rule the privilege and make it so that the lawyer has to answer said question, and do so truthfully as according to the ethics described in the ABA. The attorney can not loose any monetary gains if the client doesn’t try to invoke this right or if they are made to disclose any information in a court of law that could possible hurt the clients case. This would protect the attorney from any repercussions if the case doesn’t go the way the client would have

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