When can a lawyer ethically reveal client confidences?

When can a lawyer ethically reveal client confidences?

(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).

Do lawyers owe a fiduciary duty to clients?

A lawyer owes a fiduciary duty to a client. In California, the lawyer is required to investigate to determine if he or she represents any client that is in conflict with another or has any economic interest that may not be to the benefit of the clients.

Do lawyers have an ethical duty to disclose that their client has?

Generally, there should be an ethical duty to disclose to opposing counsel that he has inadvertently sent you privileged information. Generally, a lawyer should not have an ethical duty to disclose that his client has documents that the opposing party claims contain confidential information or trade secrets. But why do I say “generally”?

How does a lawyer comply with inadvertent disclosure?

This disparate kettle of fish tees up an ethical quandary for any lawyer who has clients beyond just the four corners of the state in which she is licensed: how does she comply with these very different ethical obligations vis-à-vis inadvertent disclosure?

Do you have an ethical obligation to disclose confidential information?

Your ethical obligation would depend on a judgment call on an issue in dispute in the litigation. This would be unworkable. Ethic Opinion 664 isn’t necessarily wrong. But it could have been better. Ethics Opinion 664 fails to address this problem. It simply assumes that the information is confidential. But the problem goes beyond that.

Do you have an ethical duty to inform opposing counsel?

A lawyer should aspire to inform opposing counsel of an inadvertent disclosure of confidential information, the opinion says, but failing to do so is not necessarily an ethical violation.

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