Tuesday, April 10, 2007

Confidentiality And Support Staff

The Virginia State Bar seeks public comment on a proposed ethics opinion that deals with the situation of a potential client disclosing confidential information to a lawyer's support staff. The lawyer decided not to take the case and thereafter agreed to represent the opposing party. The opinion states that the lawyer has an ethical duty to establish a screen between the secretary and himself in the matter. If the screen is breached, the lawyer be be obligated to withdraw. The opinion recommends that support staff be trained to minimize the receipt of confidential information to that necessary to allow the lawyer to perform a conflicts check. (Mike Frisch)


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