Legal Ethics: Confidentiality and Taking Remedial MeasuresSKU: EPR055
Available In:
Total Credits
1 - 1.24
Price$50
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DescriptionConfidentiality is one of the three main fiduciary duties a lawyer owes to their client. Without strict confidentiality, clients may not feel free to discuss sensitive matters with their lawyer. This can sometimes clash with the lawyer’s obligations of candor to the tribunal when evidence that has already been offered turns out to be false. There are significant variations among the jurisdictions on how to deal with evidence that the lawyer discovers is false. Two of the largest states, New York and California, have very different ways of dealing with this situation. Disclosing confidential information unnecessarily is a serious ethics violation but so is the failure to take reasonable remedial measures when required. Therefore, it is critical to determine when these obligations exist, and this often includes an analysis of whether evidence offered is material as well as determining whether the body that received the information is a tribunal in the first place. Furthermore, with the multijurisdictional nature of modern practice and the differences among the rules, it is important to first determine which jurisdiction’s rules apply. And especially since clients might feel betrayed if a lawyer is obligated to make a correction against their wishes, it is important to consider the current state of the rules and whether changes are warranted. Lecturer BioKenneth Craig Dobson, Esq.Kenneth Craig Dobson is Of Counsel at Crystal & Giannoni-Crystal, LLC (an international law and ethics law firm), where he practices both immigration and ethics law. He has a Bachelor of Arts in philosophy from Furman University and a Juris Doctor, cum laude, from New England School of Law. During law school, he received CALI awards in both the Law and Ethics of Lawyering and International Business Transactions and served as Editor-in-Chief of the New England Journal of International and Comparative Law. He previously served as UPL Liaison for the American Immigration Lawyers Association’s Georgia-Alabama Chapter and was appointed by the Supreme Court of Georgia to serve as Chairperson of the District 1 UPL Committee for the State Bar of Georgia from 2014 to 2017. He is currently vice chair of the American Immigration Lawyers Association’s National Ethics Committee. In October of 2017, he became one of the first National Board Certified Health & Wellness Coaches. |
