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When are we ethically and legally allowed to breach confidentiality? Discussion Prompt Confidentiality is very close to being the most important ethical duty contained within
When are we ethically and legally allowed to breach confidentiality? Discussion Prompt Confidentiality is very close to being the most important ethical duty contained within your job. While there are many ends and outs to maintaining and breaching confidentiality; the basic underlying premise is the same - can you keep a secret? There are certain exception for when it is correct to breach or when you are required to breach confidentiality. A key to remembering when it is safe to breach is outlined well in NFPA's Model Code of Ethics and Professional Responsibility 1.5, EC-1.5(d): A paralegal may reveal confidential information only after full disclosure and with the client' written consent; or, when required by law or court order; or, when necessary to prevent the client from committing an act that could result in death or serious bodily harm (Miller & Meinzinger, Appendix C, 2014). As a paralegal you are also held to the same standards of the attorney/office under whom you are employed. The California Code of Professional Conduct, Rule 1.6, for attorneys states that: A lawyer shall not reveal information protected from disclosure by Business and Professions Code section 6068, subdivision (e)(1) unless the client gives informed consent,* or the disclosure is permitted by paragraph (b) of this rule. A lawyer may, but is not required to, reveal information protected by Business and Professions Code section 6068, subdivision (e)(1) to the extent that the
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