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In most jurisdictions, the duty is codified in the terms of legal professional rules, such as the Model Code of Professional Responsibility. Although the duty of confidentiality and fiduciary duties have common origins, they cannot be equated as not all fiduciary duties attract duties of confidentiality and vice versa.
By law, lawyers are often required to keep confidential anything on the representation of a client. The duty of confidentiality is much broader than the attorney–client evidentiary privilege, which only covers communications between the attorney and the client.
The case has become a touchstone of legal ethics courses. [1] The case is widely taught in law schools to examine concerns that arise out of the duty of confidentiality. [3] It is a fixture in professional responsibility textbooks. [5] [22] It may have also encouraged legal ethics professors to incorporate problems or case studies into their ...
Breach of confidence in English law is an equitable doctrine that allows a person to claim a remedy when their confidence has been breached. A duty of confidence arises when confidential information comes to the knowledge of a person in circumstances in which it would be unfair if it were disclosed to others. [ 1 ]
Accountant–client privilege is a confidentiality privilege, or more precisely, a group of privileges, available in American federal and state law.Accountant–client privileges may be classified in two categories: evidentiary privileges and non-evidentiary privileges.
Fiduciary laws regulate the relationships characterized by trust and confidence, where the fiduciary accepts and complies with the legal responsibility for duties of care, loyalty, good faith, confidentiality, and more when entrusted in serving the best interests of a beneficiary. In terms of privacy, fiduciary obligations may extend to ...