Attorney Client Privilege Essay

Length: 2 pages Sources: 1+ Subject: Business - Law Type: Essay Paper: #5535709 Related Topics: Privacy Laws, Administrative Law, Confidentiality, Jurisprudence
Excerpt from Essay :

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

...

Along with the basic principle of maintaining the privacy of client information, a key precept of ethically maintaining confidentiality is that the information not be used to the detriment of the client, but rather only to advance the client's interests. Even information gained about the client after the representation has concluded is to be kept confidential. However, once information has become generally known, not just known by some few others, it loses the protection of lawyer confidentiality." (Michmerhuizen, 2007) In this case, all of the partners of ABC can be held liable for the release of their client's personal information. This is because they were piggybacking on an unsecured network and had no provisions in place to safeguard it. Furthermore, the fact that the firm did not file its LLC paperwork means that this is a partnership. As a result, all of the owners are liable for breaching the most fundamental duties to protect their client's information. (Fortney, 2014)

May Able, Baker, and Charlie each be held personally liable for David's malpractice? Discuss.

All of these parties can be held liable for legal malpractice. This is when the attorneys failed to follow one or…

Sources Used in Documents:

References

Fortney, S. (2014). Legal Malpractice Law. New York, NY: West Academic Press.

Michmerhuizen, S. (2007). Confidentially. American Bar. Retrieved from: http://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/confidentiality_or _attorney.authcheckdam.pdf


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