Client Confidentiality Essay

1492 words - 6 pages

    In order for attorneys to effectively represent their clients rules govern how and what information is gathered, used, and stored or destroyed. The unit three seminar discusses the rules that regulate these things during and after the representation of a client. There are several systems in place that protect clients and their confidential information from being misused by those who are involved in their cases and legal matters. The duty of confidentiality, attorney/client privilege, and the work product privilege are the topics discussed during this seminar for the purpose of teaching the differences between them all as well as how each works and for what purpose.
    The duty of confidentiality refers to attorneys and their duty to keep their clients confidential information confidential. Clients must have some guarantee that lawyers will not divulge any of their confidential information so that they are able to seek early legal assistance and the duty of confidentiality allows them to do so. This duty also allows the client to feel secure when consulting with an attorney so that the attorney is able to gather all the necessary information needed to provide effective representation. Confidential information is all information that relates to the representation of a client no matter where the information comes from (Orlik, D. Ethics for the Legal Professional. Pp. 80). Even if the information is known publicly it is considered confidential to the attorney and their agents if it is information that relates to the representation of their client.
    Attorneys and their agents are bound by the duty of confidentiality to their clients forever. This means after the case is closed and even after client has passed away. The exception to this rule is when discussing the confidential information with the legal professionals who are included in the need-to-know circle. This circle includes the supervising attorney, others who work on the case with you, clerks, and paralegals or legal assistants. Unless the client gives written consent, the confidential information is being discussed within the need-to-know circle, or the attorney is undergoing psychiatric care in order to discuss their feelings about the case lawyers and their agents must keep the duty of confidentiality no matter what, forever. The exception under psychiatric care allows the lawyer to speak freely about a case without compromising the client due to the doctors duty of confidentiality to the attorney and this ensures that the client and their confidential information remains protected.
    The attorney/client privilege is a rule of evidence that protects the client from having their lawyer divulge their secrets while under oath. This means that the lawyer can not be called to testify against their client in court. This privilege is held by the client but it is kept by the attorney. The information protected by this privilege is limited by who knows it and where it comes from and...

Find Another Essay On Client Confidentiality

The Attorney-Client Privilege Essay

2257 words - 9 pages remember the faint yearning whispers of the oppressed crying out “Let freedom ring!” According to Michmerhuizen the Attorney-Client Privilege means “The concepts of lawyer confidentiality and Attorney-Client Privilege both concern information that the lawyer must keep private and are protective of the client’s ability to confide freely in his or her lawyer ” (1). I firmly believe that the Attorney-Client Privilege should not be abolished because it

Confidentiality Issue Case Study

2637 words - 11 pages =================== Confidentiality ð ZOU Module CD 103 (2004:161) states that it involves keeping the client’s personal information to self (the counsellor). ð ZOU Module CD 104 (2000:19) says it is providing the client with safety and privacy. ð Welfel (1998) cited by ZOU Module CD 104 (2000:26) defines confidentiality as the counsellor’s ethical obligation to keep the client’s identity and all counselling

Ethical and Legal Considerations in Social Work

1107 words - 4 pages the context of her sessions are confidential. Confidentiality The expectation in the practitioner/client relationship is that any information disclosed will not be shared with others. Confidentiality is emphasized to provide the client with a safe haven in which to share traumatic events or embarrassing personal information about themselves (Krase, 2013). Disclosing this type of sensitive information is often necessary to assist the

Hypothetical Treatment of Ethical Dilemma

1969 words - 8 pages sharing client information she will not only be violating confidentiality, there is a good chance that her client’s private information could be shared by the director and by his secretary. These external circumstances cause concern for Callie and, while they are presented as part of the ethical dilemma, the ultimate issue is the ethical dilemma of protecting client confidentiality. Callie is responsible for the initial decision of whether or not


1109 words - 5 pages Attorney client privilege preserves the confidentiality of communication between the lawyer and client. If a person is convicted and hires an attorney to defend themselves on trial, they are given the advantage of attorney client privilege to keep any information that the client releases to the attorney to be kept between only themselves. Think of how attorney client privilege affects how much harder it is to find truth in the criminal justice

Internet Counseling, Valuable or Harmful?

839 words - 4 pages in general. The primary concern that comes to mind is that of confidentiality. Confidentiality is a hard cornerstone to uphold even during the course of normal face-to-face counseling. I can just imagine the challenges that are added when counseling is done in a mediated fashion. I think that counseling that is done via email has the potential to be very risky. When a counselor is assisting a client via email it is a realistic concerns that

Code of Ethics Comparrison

1700 words - 7 pages inherent respect for the privacy rights of their clients as the central foundation for confidentiality. Understanding that confidentiality is not always guaranteed, the ACA and the AACC documents both require that clients are informed of the limits of confidentiality at the initiation of the counseling process. These documents also both require that information is disclosed only with written consent from the client, including to third party payers


1163 words - 5 pages with communication, there are communication sheets and strategies within the care plan that help the staff supporting the client to understand and support him/her effectively.Q6a)Confidentiality is a basic right of the clients. Any private/personal information an organisation has regarding a client should be stored securely and only shared with other people or agencies on a "need to know" basis. Maintaining clients confidentiality enables a

Ethics in the Mental Health Profession

1197 words - 5 pages public setting. The psychologist is still held by confidentiality, and cannot reveal that you are his or her client. Yet, a client can violate any boundaries without any scolding. For that reason, in the mental health professions, dual relationships are generally not recommended. Thus, if your friend who’s a psychologist assumes two more roles consecutively with a client, this is considered a dual relationship. For instance, if an individual

Communication Techniques and Skills Used During the Initial Interview Process to Promote Therapeutic Nurse-Client Relationships

1692 words - 7 pages encounters within the therapeutic relationship, that first impressions count and when a positive first impression is made an instant rapport may occur between nurse and client. For that reason it is crucial for the nurse to introduce themself, define their role and qualification, assure confidentiality and clarify the reason for the interview and what is expected of the client (DeLaune & Ladner 2002: 180 – 181; Crisp & Taylor 2009: 264) at the

The Patient's Rights and Confidentiality in the Nursing Profession

782 words - 3 pages serious and will lead to death. She asked why we lied to her. My initial thought when I met her crying was that she was in a severe pain, but when she asked the question; I knew that the son told her about what he overheard me discussing with my colleague in the hallway. Upon reflection, I had the ethical and legal responsibility to maintain the confidentiality and privacy of client health information obtained while providing care. (CNO 2002

Similar Essays

Helper Client Confidentiality Essay

1103 words - 4 pages Informed consent and confidentiality play a very important role in the helping profession. The helper needs to clearly communicate to the client that the information shared with them is confidential, meaning that it is not reused for any other purpose other than to assist the client with what they are there to work on (Hill, p.65). The professional must also communicate the three exceptions in which the information shared is not kept

Confidentiality In Dual Relationships Essay

1224 words - 5 pages between professional duties and their social, sexual, religious, or business relationships. Direct service issues that arise within the rual social work practice from the increased liklihood of encountering dual relationships is the maintenance of the client confidentiality and privacy. Green and Mason published an article on the experience of social work and welfare practice in rural areas considering personal and professional role boundaries. Three

Confidentiality Limits And Responsibilities Essay

831 words - 3 pages Can you trust someone with your private information that does not understand confidentiality? Confidentiality is the ability to develop a trusting relationship with a client by keeping his or her information private. One must remember that no genuine therapy will occur unless the client can trust the therapist completely. Therefore, a therapist must be honest and upfront about the limitations of what is considered confidential. Mental

Confidentiality And The "Helping" Relationship Essay

1505 words - 6 pages Trust is an essential factor in the helping process. Without it, clients will not feel free to share their most intimate thoughts and feelings. They will not be completely honest or forthcoming in conversations which will hinder the professional’s ability to truly help the client. For this reason, the promise of confidentiality becomes critical to the process. It is the “secret keeping duty” all helping professionals have an ethical