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and the rule of confidentiality in professional ethics. The scope of
attorney-client privilege and work product doctrine apply in some proceedings
in which a lawyer may be called as a witness or required to present testimony
concerning a client, whereas the confidentiality rule applies not only to matters
communicated in secret but also to all information relating to the
representation.
Moreover, the client-lawyer confidentiality also applies when a lawyer
(76)
who does not reveal the confidential information but could reasonably lead
the third person to discover such that information. A lawyerûs use of a
possibility to review issues relating to the representation is allowable as long
as no logical possibility that some listener will be able to ascertain the identity
of the intended parents or the circumstances involved.
In some situations, Lawyers in a firm may be impliedly authorized, in
the course of the firmûs practice, to disclose the fact to each other information
relating to intended parents of the firm, unless the intended parents have
instructed that particular information be limited to specified lawyers. The
confidentiality rule is subject to limited exceptions because this principle
recognizes the overriding value of life and physical integrity and permits
(77)
disclosure reasonably necessary to prevent death or substantial bodily harm.
This harm is reasonably certain to occur if it will be suffered imminently or
if a present and the substantial threat will suffer at later date. A lawyer who
knows that harm may reveal information to the public if a present and
substantial risk will contract a life-threatening or debilitating disease and the
lawyerûs disclosure is necessary to eliminate the threat or reduce the number
(78)
of sufferers.
(76)
The Rules of Professional Conduct, Rule 1.6 (a).
(77)
The Rules of Professional Conduct, Rule 1.6 (b).
(78)
The Rules of Professional Conduct, Rule 1.6 (b) (1).
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