Question
Ms Mary Shepard is in the middle of a matter that has proceeded to trial relating to a multimillion-dollar contract dispute. At the end of
Ms Mary Shepard is in the middle of a matter that has proceeded to trial relating to a multimillion-dollar contract dispute. At the end of the third day of trial, expert witness Dr Shelly Finkel was still on the stand under cross examination relating to circumstances beyond anyone's control that forced the opposing party to be unable to complete the contract. That evening Ms Shepherd was unwinding playing Call of Duty on her PlayStation (under her handle 'Commander Shepard'). She found herself regularly in the same team as someone who used the tag 'Dr Frankenstein'. Through the course of the evening, they get chatting while playing, and Dr Frankenstein mentions that she is currently giving evidence in court. Ms Shepard notes that she is a lawyer, and she and Dr Frankenstein chat about what Dr Frankenstein should expect under cross-examination. Ms Shepard also made some quite disparaging remarks about opposing counsel in her current case, Mr Stan McQueen. At one point she described Mr McQueen as "a short, bald, weasel faced toad prone to leaving switch blades in people's jackets." Upon hearing that description the person playing under the handle of Dr Frankenstein, realises that Ms Shepard is referring to the lawyer that has retained her as an expert witness, and identifies herself as Dr Shelly Finkel. Ms Shepard told her that they couldn't be talking and promptly disconnected from the game. She has come to you concerned about her ethical obligations in the situation. Has she breached confidentiality. what damages are available? Discuss any ethical dilemma's.
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