How To Explain Confidentiality

Printer-friendly version
Long title: 
How to Explain Confidentiality
Author(s): 
Cunningham, Clark D.
Author(s)' contact information: 
www.ClarkCunningham.org
Publication: 
Clinical Law Review
Volume number: 
9
Issue number: 
2
Year: 
2003
First page number: 
579
Last page number: 
621
Country: 
USA

One of the most critical, yet inadequately explored, issues in lawyer client communication is the problem of explaining confidentiality, especially exceptions which permit or require the lawyer to disclose confidential information. Failure to disclose these exceptions results in misrepresentation to the client (e.g. "everything you tell me is confidential"), yet an accurate and complete explanation of the exceptions may inhibit the very trust that the right of confidentiality is intended to create. This article reports on the use of simulated interviews in the classroom to model an empirical approach to analyzing this problem that can be applied to law school clinics.

Status: 
Published
Select the option that describes the rights you hold in the attached content: 
I hold complete rights to all intellectual property in the attached content and have the power to grant the license, if any, that I have chosen below.
Select a license for the attached content: 
"Copy": I give permission for other users to download the attached content and copy, distribute, and repost it on the web, as long as they credit the author(s) and the publication and provide relevant identifying citation information (volume, page numbers, year of publication, city of publication), do not change the work in any way, and do not use it commercially. ("Attribution-NonCommercial-NoDerivatives" Creative Commons license)
AttachmentSize
HTE.pdf2.75 MB