Q: Would it be accurate to say that any attorney who passes the bar exam know about client confidentiality?
A: The answer should be yes, but unfortunately, there is a chance that an attorney that passed the bar isn't well versed in client confidentiality.
Kevin L Dixler agrees with this answer
1 user found this answer helpful
A: I would say yes, but it depends also on whether they actually passed the Professional Responsibility part of the exam as well. Unfortunately, too many today do not practice the ethics we are supposed to be held to
1 user found this answer helpful
Law students take classes in professional responsibility, and the issues are discussed in connection with other subject matters. The bar exams include ethics in questions or in a separate examination on professional responsibility.
The rules are not always as clear cut as they appear. There are various comments, legal ethics opinions, and interpretations of the rules. In some cases, a client may lose or waive confidentiality, for example, by bringing in a third party to a consultation or including a third party in a communication. It is important to discuss the scope of confidentiality with your lawyer. Most lawyers are good people and unusually conscientious while we try to do our best for our clients.
If you are concerned about your attorney's conduct, you might first discuss the issue with your attorney so you understand fully why something happened, and then report the attorney to the appropriate disciplinary department of the bar if your concerns are not resolved or you disagree with the lawyer's conduct.
If you have concerns, and the attorney is unwilling to provide a reasonable answer, then you may file a request for investigation in the State where the attorney is ‘actually licensed.’ Some attorneys practice Federal law in states different from where they are licensed. Bankruptcy and immigration law are Federal law.
You may also wish to seek a second opinion from another attorney as to whether you should hire another attorney.
Sometimes, clients waive, that is ‘give up,’ rights to confidentiality in a ‘written agreement,’ where more than one party is represented.
Such information about attorney licensure can be checked on sites like Justia.com and Avvo.com.
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