(5) to assert a claim or defence on behalf of the advocate in a dispute between the advocate and the client, to establish a defence against a criminal complaint or a civil action against the advocate based on the conduct in which the client was involved, or to respond to allegations in proceedings involving the representation of the client by the lawyer; The second part begins with an exploration of the history of ethical rules. The second part then briefly looks at the origins of the modern debate on transparency and privacy, focusing on two of the most contrasting and well-known scholars on the subject, Justice Marvin Frankel and Professor Monroe Freedman. Part III dissects Washington`s recently adopted CPP and focuses on Rules 1.6 and 3.3. Part IV suggests that while the new rules strike a balance between a client`s interest in confidentiality and a tribunal`s interest in transparency, lawyers should have the discretion to disclose the client`s trust when necessary. Finally, Part V proposes a slightly different version of Rule 3.3. This alternative version would help lawyers make decisions that maintain the delicate balance between transparency and confidentiality. Washington`s New Rules of Professional Conduct: A Balancing Act (4) for legal advice on the lawyer`s compliance with these rules; (b) An attorney may disclose information about a client`s representation to the extent that the attorney reasonably believes it is necessary: (7) to detect and resolve conflicts of interest arising from a change in the lawyer`s job or changes in the composition or ownership of a law firm, but only if the information disclosed does not affect solicitor-client privilege or harm the client; Would be. Home > Publications and Student Programs > SULR > Vol. 30 > Iss.
1 (2006) Legal Ethics and Professional Responsibility Commons Stuart Watt, Washington Survey, Confidentiality under the Washington Rules of Professional Conduct, 61 Wash. L. Rev. 913 (1986). Available at: digitalcommons.law.uw.edu/wlr/vol61/iss2/18 (3) to prevent, mitigate or remedy material harm to the financial interests or property of others resulting with reasonable certainty from the client`s commission of a criminal offence or fraud for the promotion of which the client has retained the services of counsel; (2) to prevent the client from committing a criminal offence or fraud that it is reasonably certain will result in a significant violation of the financial interests or assets of others and for the promotion of which the client has had or uses the services of the advocate; confidentiality in accordance with the Washington Rules of Professional Conduct (1) to prevent reasonably certain death or significant bodily injury; Johanna M. Ogdon, Washington`s New Rules of Professional Conduct: A Balancing Act, 30 SEATTLE U. L. REV. 245 (2006).
This commentary discusses the duty of solicitor-client confidentiality under the RPC. This review begins with a discussion of the general rule of secrecy and its objectives. However, the obligation of confidentiality is not absolute and the PRC provide for several exceptions to the rule. Under rule 1.6, for example, a lawyer may disclose confidential information necessary to represent the client, collect the client`s fees, defend the client in a proceeding concerning the representation of the client or by court order. In addition, under the CPR, the lawyer may disclose the client`s trust to the extent necessary to prevent the client from committing a future crime. There is controversy over whether lawyers should be required to disclose their clients` intentions to commit violent crimes. In cases where the client intends to commit a potential violent crime against an identified victim, the lawyer may be held liable for failing to disclose the client`s intentions. (c) A lawyer will use reasonable efforts to prevent accidental or unauthorized disclosure of or access to information relating to the representation of a client. (a) A lawyer shall not disclose information about the representation of a client unless the client gives informed consent, the disclosure is implily authorized to make the representation, or the disclosure is permitted under clause (b).