"So you do know who murdered your--" "Answering that question would betray a client confidence, a confidence I have been paid to keep."
The risk of invading client confidences is too great," I say.
Two years ago, the bar association rejected changes to its model code of conduct to permit lawyers more latitude in disclosing client confidences to prevent fraud.
Respect of client confidences, candor toward the tribunal, truthfulness in statements to others, and professional independence are some of the defining features of legal ethics.
Mr. Fishbein has faced the issue of revealing client confidences before.
For the most part, though, what they ponder are not crowd pleasers but less-than-scintillating technical matters like questions about client confidences or conflicts of interest.
That requirement would force lawyers to violate client confidence, lawyers have argued.
They say that raises the danger that lawyers will accidentally let slip client confidences, or not provide frank and candid legal analysis for the public.
Several large law firms attacked the noisy withdrawal provision, warning that it would force lawyers to violate client confidences.
Both sides agree that the privilege to protect client confidences is not absolute, but disagree about when it should be breached.