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Topic: Client confidentiality


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In the News (Fri 11 Dec 09)

  
  Client confidentiality - Wikipedia, the free encyclopedia
Client confidentiality is the principle that an institution or individual should not reveal information about their clients to a third party without the consent of the client or a clear legal reason.
The access to a client's data as provided by the institution in question is usually limited to law enforcement agencies and requires some legal procedures to be accomplished prior to such action (eg.: court order issued, etc.).
However, had it not been for the assumed confidentiality, it is unlikely that the information would have been shared in the first place, and to breach this trust would then discourage others from confiding with priests in the future.
en.wikipedia.org /wiki/Client_confidentiality   (265 words)

  
 Crime-Fraud Exception to Attorney-Client Confidentiality
Communications between attorney and client having to do with the client's contemplated criminal acts, or in aid or furtherance thereof, are not covered by the cloak of privilege ordinarily existing in reference to communications between attorney and client.
If the client consults the attorney at law with reference to the perpetration of a crime, and they co-operate in effecting it, there is no privilege, inasmuch as it is no part of the lawyer's duty to aid in crime he ceases to be counsel and becomes a criminal.
Communications of a client to an attorney are not privileged if they were a request for advice as to how to commit a fraud, it being in such a case not only the attorney's privilege, but his duty, to disclose the facts to the court.
www.evergreenethics.com /ComLawCFE.html   (1453 words)

  
 The Lawyer's Privacy Problems With Internet E-Mail   (Site not responding. Last check: 2007-10-08)
Confidential information disclosed to the lawyer by a potential client in discussions before any actual employment is nonetheless protected by the ethical obligation.
But if the client does not act so precipitously, and if the client intends that the disclosure not be disclosed to persons other than the lawyer and those working with the lawyer, it is confidential.
The client need not expressly state that he wants the communication to be held confidential; it is enough if, under the circumstances, he could reasonably assume that there would not be disclosure to others.
www.computerbar.org /netethics/bjones.htm   (7036 words)

  
 GPSOLO - PRACTICE MANAGEMENT   (Site not responding. Last check: 2007-10-08)
Consider moving to a building in which your clients can travel directly from a private parking garage to the office, avoiding the main lobby, and in which the reception area is configured to allow clients to remain private.
It would be inappropriate, for example, to tell your client's or your prospective client's spouse that you cannot represent him or her because doing so would create a conflict.
We have had clients who did not want their secretaries or receptionists to know what was happening in their personal lives.
www.abanet.org /genpractice/magazine/sept2000/sep2000anteau.html   (1218 words)

  
 STEELE SCHARBACH ASSOCIATES LLC -- White Paper: E-Mail and Client Confidentiality   (Site not responding. Last check: 2007-10-08)
Client pressure and competition in the legal profession have combined to mandate that law firms and law departments develop efficient and secure means of electronic mail communication.
"Confidential information" consists of information concerning client/matters that the firm may not disclose to the public without a reasonable expectation of adverse consequences for a client of the firm.
Most (typically 75%) of the information sent between lawyers and clients involves routine matters (messages concerning timetables, public matters such as pleadings, and minor transactional points) which are not sufficiently sensitive to be worth protecting.
www.ssa-lawtech.com /wp/wp1-10.htm   (2137 words)

  
 Lawyer/Client Confidentiality
In future sessions there may be additional attempts to make inroads into these confidentiality provisions in the context of enhancing the enforcement of specific crimes, or to deal with concerns about expanded use of electronic communication by attorneys.
Perhaps the greatest challenge to the attorney confidentiality principle is the trend toward multi-professional combinations, especially those involving lawyers and accountants.
If change in the confidentiality of information exchanged between lawyers and clients is necessary, it should be accomplished by amendments to the Maryland Rules.
www.msba.org /sec_comm/committees/lawscomm/legislativeprogram02/lawyerclient.htm   (321 words)

  
 The Self-Defense Exception to Client Confidentiality
A unique situation involving confidentiality and former clients occurs when a client discharges an attorney and then blames the attorney for some action or advice that has not turned out well.
Hopefully the former client and current counsel are present and can assert or waive the privilege and the ethics rule protection.
Nevertheless, the scope of the self-defense exception to client confidentiality appears to be similar, if not identical.
www.courts.state.mn.us /lprb/fc040102.html   (767 words)

  
 Confidentiality in Social Work - Social Services Career Advice from Monster.com   (Site not responding. Last check: 2007-10-08)
In cases where a client is suicidal, homicidal or threatening a social worker, the social worker may also find it necessary to disclose confidential client information, says Mirean Coleman, a clinical social worker and a senior policy associate for the National Association of Social Workers.
Despite receiving direct threats from her client in the past, the student attempted to transport the client to another agency.
No client should be completely surprised, since a social worker is required to make clients aware of the limits and exceptions to confidentiality at the first meeting.
healthcare.monster.com /socs/articles/confidentiality   (780 words)

  
 An Issue Of Lawyer-Client Confidentiality   (Site not responding. Last check: 2007-10-08)
To lawyers, protecting clients' confidentiality is a cornerstone of the practice of law.
At least as worrisome to lawyers is the risk that clients who invest in tax shelters may turn and sue their advisers if the investments do not pan out as forecast.
Communications between lawyers and clients generally are protected and may not be disclosed unless the client permits, said Roger C. Cramton, a law professor at Cornell University.
www.lexisone.com /balancing/articles/n080003f.html   (837 words)

  
 Business Confidentiality
Confidentiality is the most important item of concern when Selling or Buying a business.
Sellers don't want to alert their employees, customers, suppliers or competitors that their business is for sale and want to be insulated from potential buyers until those buyers are proven to be "real".
Some business owners are concerned about disclosing their private business information to a business broker so we have developed a Seller Confidentiality Agreement Form.
www.biztmt.com /business-confidentiality.html   (148 words)

  
 Some Thoughts on Communications Technology and Client Confidentiality
It is clear that the use of strong encryption to safeguard electronic communications is a nearly foolproof means of protecting client confidences given current and foreseeable levels of technology, but it is rather cumbersome, and imposes a burden with respect to distribution and protection of the keys necessary to decipher an encrypted message.
When travelling with confidential information on one’s notebook computer, it is important to safeguard such information, especially in view of the fact that a notebook computer is a prime target for theft.
It is to be hoped that it does achieve its purpose in arguing that a modest understanding of the underlying technology is required for the recognition of problems, which may not otherwise be apparent, and for appropriate application of ethical rules.
www.hk-lawyer.com /1999-3/Mac99-64.htm   (1611 words)

  
 Georgetown Journal of Legal Ethics, The: Is attorney-client confidentiality necessary?   (Site not responding. Last check: 2007-10-08)
Confidentiality is not just an issue for attorneys and their clients.
Confidentiality, as a rule of professional ethics, is of recent origin.
The concept of confidentiality of client information arose much earlier, beginning with the evidentiary rule of attorney-client privilege.
newssearch.looksmart.com /p/articles/mi_qa3975/is_200204/ai_n9066428   (1177 words)

  
 Chinese Walls and Client Confidentiality
The term ‘Chinese wall’ is a reference to the procedures taken by a firm to prevent information obtained in the course of acting for one client being disclosed to other personnel in the same firm who are acting for other clients to whom that information may be important.
He was firmly of the view that a former client should not be exposed to the risk of such disclosure unless there were powerful reasons for saying that he should.
His Lordship went on to say that an effective Chinese wall needed to be an established part of the organisational structure of the firm, not created ad hoc and dependent on the acceptance of evidence sworn for the purpose by the members of staff engaged on the relevant work.
www.hk-lawyer.com /1999-4/Apr99-32.htm   (1461 words)

  
 Re: Client Confidentiality and Telephone Messages   (Site not responding. Last check: 2007-10-08)
However, accidents still occur, such as when a client is transferred to the wrong attorney's voicemail or paper messages are mixed together and given to the wrong attorney.
However, there could potentially be a problem when there are attorneys in the same office who represent opposing clients, such as occurs with frequency in the office where I work.
It's interesting to note that there have also been mixups with mail distribution and I have opened letters intended for other attorneys that were inadvertently delivered to our office.
www1.law.umkc.edu /suni/Professional_Responsibility/_PersProfStories/0000001c.htm   (162 words)

  
 Client Confidentiality
It is in our best interest, and that of our clients, to maintain the strictest confidentiality about the details of the relationship or work performed.
Each study is coded in such a way as to prevent identification of the client and study materials, test articles, and test systems are segregated from all others.
Back-up copies of electronic or scanned materials are held in a secure facility offsite in case of a disaster.
www.pathogenesys.com /html/client_confidentiality.html   (126 words)

  
 Terms of service and statement of client confidentiality   (Site not responding. Last check: 2007-10-08)
Confidentiality guaranteed - all information will be treated as confidential, and will not be accessible by any other parties.
All files and client documentation are held securely in locked filing cabinets.
The Admin Agency is not responsible for the content of any document supplied to them, but will return material which we feel is illegal, immoral or objectionable.
www.theadminagency.co.uk /terms.htm   (187 words)

  
 Sound Masking for Speech Privacy, Client Confidentiality, Commercial Secrecy
This active electronic solution can be applied to many environments where there are concerns about eavesdropping, client or patient confidentiality, or wherever personal details or issues are discussed.
Client or patient confidentiality is becoming more of an issue where responsible handling of personal details forms an essential part of a Data Protection policy.
Sound-masking systems or active acoustics, are also used in preventing eavesdropping where confidentiality is important and can be integrated with acoustic insulation and other security measures.
www.applesound.co.uk /applications/soundmasking_.htm   (313 words)

  
 Social Workers Support Client Confidentiality Through Friend of the Court Brief
Bier should not be placed in jail or forced to violate her client’s privacy rights.
Bier argues that the therapist-client relationship is privileged and this confidentiality serves the greater public good.
The hallmark of successful psychotherapy is the establishment of confidentiality and trust between the therapist and client.
www.naswdc.org /pressroom/2005/061805.asp   (470 words)

  
 Client Confidentiality Policy - Disability Liaison - Monash University   (Site not responding. Last check: 2007-10-08)
Personal and health information provided by a client to a staff member of the Disability Liaison Unit (DLU) will be maintained in confidence and in accordance with the Information Privacy Act (Vic) 2000 and the Health Record Act (Vic) 2001.
In a situation where the DLU believes that it is in the client’s best interests that the client have contact with other treating professionals, eg: a doctor or psychologist, the client will be asked to sign an Authorisation for release or Exchange of Information from.
Clients should also note that information regarding their circumstances may be shared between Disability Liaison Officers where appropriate and necessary.
www.adm.monash.edu.au /sss/equity-diversity/disability-liaison/policy/confidentiality.html   (455 words)

  
 TalkLeft: Lawyers Pressed to Water Down Client Confidentiality Rules
If the changes are approved, the code would permit, but not compel, a lawyer to disclose client confidences to prevent or to mitigate "injury to the financial interests or property of another," when the lawyer's services were used to further a client's crime.
In 2001, the delegates approved a narrower change, permitting a lawyer to breach client confidentiality "to prevent reasonably certain death or substantial bodily harm," but even that change was controversial.
Besides, it is rarely a fl and white question whether a client's plan is illegal, and it is not the lawyer's job to make that determination.
talkleft.com /new_archives/003392.html   (691 words)

  
 Attorney Client Confidentiality in the Criminal Environmental Law Context:
may, in determining whether to disclose a client's confidence, balance the values of: preserving confidentiality against the severity of the crime; the attorney's feelings on the morality of the client's plans; and the benefits of preventing the intended crime or mitigating the consequent harm.
Together, these general rules stand for the principle that if the client's act, or potential act, causes, or will likely cause, a person serious harm in the future and the act cannot readily be characterized as a single or one-time event, the attorney may break the client's confidence.
Thus, a client's failure to disclose a release is a crime regardless of whether the crime is in the past or present.
www.law.pace.edu /pelr/vol14no1f1996/targ.html   (11803 words)

  
 Client Confidentiality | csmonitor.com
When actions by a client harm the financial interests of others, the ABA says, a lawyer has an obligation to the public good to report the wrongdoing.
The ABA is expected to announce a similar rule change to permit lawyers representing a corporation to speak out when an officer of the company engages in actions that would harm the corporation or its stockholders.
The SEC already had enacted new rules that require lawyers for public companies to tip regulators to clients when they believe clients are committing fraud.
www.csmonitor.com /2003/0813/p08s01-comv.htm   (319 words)

  
 Appraiser-Client Confidentiality SMT-5
This section is to explain the appraisers role in client confidentiality as described in USPAP.
A appraiser must be aware of, and comply with, all confidentiality and privacy laws and regulations applicable in an assignment^.
Comment: When all confidential elements of confidential information are removed through redaction or the process of aggregation, client authorization is not required for the disclosure of the remaining information, as modified.
www.pennsylvaniaappraisers.com /confidentiality.html   (325 words)

  
 Confidentiality @ CompuSearch of Bernardsville, MRI
You must be able to assure your candidates of complete confidentiality to attract the best talent.
As an employer, you don't want your competitor to know that you have an open territory or position, as it may be perceived as a weakness.
The identity of your organization is protected until you decide who you want to interview from our short list.
www.csmribville.com /client/confidentiality.htm   (103 words)

  
 ER || Client Confidentiality and Privacy Policy   (Site not responding. Last check: 2007-10-08)
We understand that as part of our consulting relationship with our clients we may come into contact with sensitive business materials.
Since a fluid exchange of information between our firm and our client is essential to successful completions of our client's project(s), we have strict policies regarding client confidentiality and will not disclose any unauthorized information to third parties.
We respect our client's desire for privacy and value their trust in our ability to handle sensitive information discretely.
www.ermanagement.org /client.html   (78 words)

  
 Statement of Principles on Client Confidentiality
It is important that ICN clients have confidence that ICN can establish and maintain the confidentiality of information which clients entrust to ICN.
The ICN will conduct and deliver its services to its Client with integrity, sensitivity and confidentiality to maintain a relationship in which a Client can have confidence that information provided to ICN will be used in a manner consistent with Client expectations.
ICN will protect all confidential information of a Client provided to ICN from disclosure to persons, organisations, or stakeholders, unless prior authorisation of the Client is granted.
pandora.nla.gov.au /pan/37459/20030902/www.isoqld.com.au/confidential.htm   (505 words)

  
 Client Confidentiality Needs Protection
In the CBA’s submission filed prior to a December 17th hearing, the CBA warned that clients will be reluctant to disclose information to lawyers if they fear their lawyer will be compelled to alert authorities rather than to advise the client as to how to comply.
The CBA also says lawyers will be leery of giving advice if they fear that they may have to report up the corporate ladder, withdraw from the case, and disclose to the SEC.
The CBA takes strong exception to the proposed “noisy withdrawal” rule which requires lawyers to whistle-blow on their clients and report to Securities authorities any misconduct or violation lawyers “reasonably believe” may be contained in documents submitted to the SEC.
www.cba.org /bc/cba_publications/bartalk_02_03/cover.aspx   (391 words)

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