Wednesday, January 17, 2007

Exception to Confidentiality

The Supreme Court of Appeals of West Virginia has held that a guardian ad litem appointed to represent the best interests of a child in an abuse and neglect proceeding does not owe an absolute duty of confidentiality to a child who has disclosed information regarding allegations of sexual abuse. The court's analysis should be of great interest to attorneys who are faced with an ethical dilemma in determining the best interests of a minor client in such a situation. The analysis also illuminates the meaning of Rule 1.14 (client under disability). (Mike Frisch)

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