Saturday, May 2, 2009

Taking the Confidential Information Argument Too Far

Blog The Legal Ethics Forum blog has a post on a recent Massachusetts appeals court decision that reversed a trial court's dismissal of an unlawful termination claim.  The plaintiff is an attorney who discovered child pornography on the computer of one of his firm's important clients.  He notified his firm, which instructed him to hire a specialist to erase the pornography from the computer.  He refused, stating that they couldn't destroy evidence of a crime and he ultimately notified the FBI.  He was--surprise--fired for his trouble.  The appellate court held, contrary to the trial court, that revealing the child pornography didn't threaten any protected privileged or confidential information.  Hard to believe that it took a reversed trial decision to get to that point.

Hat Tip:  Alex Long


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