Perspective
Feb. 25, 2017
The 'self-defense' exception to confidentiality
The notion that when a dispute arises between a lawyer and former client the duty of confidentiality will not prohibit the lawyer from disclosing or using confidential information to defend him or herself. Many lawyers, however, do not appreciate the important limitations of the exception. By Andrew Dilworth
Most lawyers have a general awareness of what is often referred to as the "self-defense" exception to confidentiality. The notion that when a dispute arises between a lawyer and former client the duty of confidentiality will not prohibit the lawyer from disclosing or using confidential information to defend him or herself. Many lawyers, however, do not appreciate the important limitations of the exception.
Understanding th...
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