Wednesday, March 26, 2008

Ongoing Duty Of Confidentiality

The Colorado Presiding Disciplinary Judge approved a conditional admission for a public censure in a matter where an attorney had violated his ongoing duty of confidentiality in disclosures made in a motion to withdraw from representation. This is a problem that I have seen in the past (here's a comparable case from the District of Columbia). Attorneys must be aware that, in seeking leave to withdraw, no more may be said or disclosed than is absolutely necessary to advise the court of the basis for withdrawal. The duty of confidentiality continues during the withdrawal process and even after the motion is granted. (Mike Frisch)

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There should be a procedure designed specifically for lawyer withdrawal, a procedure that protects both lawyer and client.

Posted by: W.R. Chambers | Mar 26, 2008 3:40:00 PM

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