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Lawyers Pressed to Give Up Ground on Client Secrets


From: Dave Farber <dave () farber net>
Date: Mon, 11 Aug 2003 12:27:56 -0400


From: "the terminal of Geoff Goodfellow" <geoff () iconia com>
To: "Dave E-mail Pamphleteer Farber" <farber () cis upenn edu>
Subject: Lawyers Pressed to Give Up Ground on Client Secrets
Date: Mon, 11 Aug 2003 18:16:32 +0200


"They that can give up essential liberty to obtain a little temporary safety
deserve neither liberty nor safety." - Ben Franklin, ~1784


Lawyers Pressed to Give Up Ground on Client Secrets
By JONATHAN D. GLATER
The New York Times

Impelled by a wave of corporate scandals, tax evasion and concerns over
terrorism, government regulators and prosecutors have taken a variety of
steps that seek to limit what some lawyers say is a core principle of their
profession: the ability to protect their clients' confidences.

Many lawyers have reacted to the new restrictions by arguing that the
lawyer-client privilege is not only a traditional tool in their arsenal but
a critical one in the proper functioning of the legal system.

But even the American Bar Association seems prepared to cede some ground on
the issue. The association, which began its annual meeting late last week in
San Francisco, will consider changes to its model code of conduct, which
state judiciaries draw on in defining lawyers' responsibilities. The changes
would recommend permitting lawyers greater discretion to disclose client
confidences, although lawyers would not be required to do so, as the
regulators are insisting.

Still, many lawyers said they could not remember such a broad encroachment
by the federal government on how they practice.

--snip--

http://www.nytimes.com/2003/08/11/business/11LAW.html?pagewanted=all

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geoff.goodfellow () iconia com * Prague - CZ * telephone +420 603 706 558
"success is getting what you want & happiness is wanting what you get"
http://www.nytimes.com/library/tech/99/01/biztech/articles/17drop.html
http://weblog.iconia.com

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