Business Law
May Able, Baker, and Charlie each be held personally liable for the economic loss to Able's client caused by the disclosure of confidential client information? Discuss.
The liability for any LLC is limited. This means the member -- owner is absolved based upon the fact that it is separate legal entity. However, due to the fact that the paper work was never filed for ABC, means that it is partnership. This exposes all of the owners to damages from the inadvertent disclosure of their clients' personal information. (Fortney, 2014)
To make matters worse, the owners have a fiduciary responsibility to their client. This means that they are not supposed to divulge any information about their case or the impacts it is having on them. According to the American Bar Association (ABA), this falls under attorney - client privilege. As the conversations, between the individual and their lawyers cannot be disclosed to anyone. This is provided that they have given this information to legal counsel in confidentiality and that it is relevant in representing them. (Fortney, 2014)
Evidence of this can be seen with the ABA saying, "Confidential information is to remain confidential throughout the representation, and thereafter, even after...
The limitations of attorney-client privilege are outlined. The main rule, 501, places the rules of privilege within the bounds of common law, giving the courts some power over these rules. Spousal privilege is extended, but not in cases of crimes against spouses or children. The privilege does not apply if the spouse is conspiring with the accused to commit a crime. Other privileges include those concerning clergymen, attorneys, journalists.
Lincoln Lawyer by Michael Connelly In The Lincoln Lawyer, a legal thriller novel, Michael Connelly delves deep into the inner-dynamics of criminal justice system, highlighting the disconnect between the system's underlying idealistic philosophies, and the often ethically questionable, practical realities of how the system actually plays out. The protagonist, Mickey Haller, is a successful and well-known Los Angeles criminal defense attorney and trial lawyer, who operates his practice out of
Executive Privilege After Vietnam and Watergate, the issue of executive privilege had not registered much of a blip on the radar. However, the recent Enron scandal has allowed Congress to question the validity of the executive privilege argument. In January 2002, Comptroller General David Walker, head of the non-partisan Government Accounting Office, announced that he would sue Vice President Dick Cheney in order to obtain information about the National Energy Policy
But experience shows that the concern for the safety of others, particularly of possible or future victims, becomes stronger than the rule of confidentiality or an attorney's loyalty to the client. The attorney should continue to encourage the client to confess his own crime for his own benefit in the long run. And the effect that non-revelation will have on the attorney and his relationship with the client is
(Chizek, 2003) The Role legal nurse consultant may provide service in a number of roles, including but not limited to: Consulting expert Testifying expert Facility-based investigator Trainer and in-service presenter Peer reviewer Quality improvement, risk management, claims management Liability insurance marketer and clinical resource" (Chizek, 2003) As standards of care constantly change, medical and nursing staff must keep informed of current standard to develop and/or modify policies and procedures, which must be maintained and secured indefinitely. In the
Chief Judge Posner of the U.S. Seventh Circuit stated in 1999, (Quote) "If the taxpayer is accompanied to the audit by a lawyer who is there to deal with issues of statutory interpretation or case law that the revenue agent may have raised in connection with his examination of the taxpayer's return, the lawyer is doing lawyer's work and the attorney-client privilege may attach." (Unquote) [Nelson, 2005] In United States v.
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