Page 166 - JLA-03
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The confidentiality rule is subject to another exception that permits
the lawyer to disclose information to the extent essential to enable affected
persons or appropriate authorities to prevent the intended parents from doing
a crime or deception that is reasonably certain to result in substantial injury
to the financial interests or property interests of another and in furtherance
of which the intended parents have used or is using the lawyerûs services. The
intended parents can prevent such divulge by avoiding from the misconduct.
Although the rule does not require the lawyer to reveal the intended parentsû
misconduct, the lawyer may not counsel or assist the intended parents in the
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conduct the lawyer knows is criminal or fraudulent.
The next exception addresses the situation in which the lawyer does
not learn of the intended parentsû crime or fraud until after it has been
committed. The intended parents no longer have the option of preventing
disclosure by refraining from the wrongful conduct as same as the previous
exception. The lawyer may disclose information relating to the representation
to the extent necessary to enable the affected persons to prevent or mitigate
reasonably certain losses or to attempt to recoup their losses. However, this
exception does not apply when a person has committed a crime or fraud after
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employs a lawyer for representation concerning these offenses.
According to the general principle on legal ethics, those rules
significantly must also be applied toward bioethics namely reproduction and
human genetics to provide the legal reasoning and answer to the question of
this issue. The legal ethics contents are supposed to be included in the
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The Rules of Professional Conduct, Rule 1.6 (b) (2).
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The Rules of Professional Conduct, Rule 1.6 (b) (3).
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