Law Practice,
Ethics/Professional Responsibility
Sep. 9, 2016
Privacy or privilege: a clash of compelling interests
Lawyers are entrusted with a great deal of private information about people who are not our clients. Are we obliged to exercise discretion with respect to nonclients' sensitive information?
Louie H. Castoria
Partner
Kaufman, Dolowich & Voluck LLP
425 California St 21st Fl
San Francisco , CA 94104
Phone: (415) 926-7601
Fax: (415) 926-7601
Email: lcastoria@kdvlaw.com
UC Berkeley Boalt Hall
Louie is a mediator with CourtCall Online Dispute Resolution, a member of the Mediation Society, a mandatory settlement officer with the San Francisco County Superior Court, and an adjunct professor of law at Golden Gate University. He won his first U.S. Supreme Court on July 1, 2021.
Lawyers are entrusted with a great deal of private information about people who are not our clients: other litigants in our cases, non-parties whose records we subpoena, and others who just "show up" in documents or other evidence we receive. Are we obliged to exercise discretion with respect to nonclients' sensitive information?
There is an alphabet soup of federal privacy laws for special purposes or specific types of information, from G-L-B to COPPA, HIPAA to GINA, CLIA to FCRA, a...
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