Confidentiality

New ABA Opinion Carves Out Crucial Exceptions to Lawyer Confidentiality in Client-Perpetrated Crimes

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In a recent formal opinion, the American Bar Association (ABA) addressed a complex issue that might startle both legal professionals and the public alike: the limits of confidentiality when lawyers themselves become victims of crimes perpetrated by their clients. This opinion reveals a nuanced approach to balancing the sacrosanct lawyer-client confidentiality against the rights and safety of legal professionals, particularly under violent or fraudulent circumstances. Typically, lawyers are bound by stringent rules of confidentiality to protect their client’s secrets, a principle enshrined in the ABA’s Model Rules of Professional Conduct. However, when a lawyer becomes … Read more

Florida Bar to Consider New Rule Allowing Attorneys to Break Confidentiality for the Safety of Minor Clients

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Tallahassee, Florida – A new ethical direction may soon emerge for Florida’s legal landscape as the state’s bar association considers a significant amendment to its confidentiality rules aimed at safeguarding minor clients. Slated for proposal by March, this revision would empower attorneys to breach confidentiality under certain conditions to protect minors from substantial harm. The rule change proposed by the Florida Bar’s board of governors stems from an ongoing reevaluation of the balance between confidentiality and client safety. According to reports, this reconsideration was prompted by the Florida Supreme Court’s request for revision suggestions to … Read more