Suchergebnisse

This paper seeks to answer, whether lawyer's duty of confidentiality is absolute and compatible with lawyer's honesty. The paper presents a research, the purpose of which was to analyze characteristics of the lawyer's duty of confidentiality in the national and international legislation, case-law and legal literature, as well as to discuss the relation between the lawyer-client confidentiality and lawyer's duty of honesty. The scope of this paper does not include the lawyer-client confidentiality of in-house lawyers and protection of classified documents. This subject has not been widely examined in professional literature and legislation of the Republic of Lithuania. To author's knowledge, the lawyer's duty of confidentiality is discussed, among others, in master thesis of Ms. Trakanavičienė Is the Duty of Confidentiality Placed upon Mediators Absolute? and master thesis of Ms. Miniotaitė If Loyalty to the Client Does Not Violate Lawyer's Professional Ethics?, however, these papers cover the subject to a limited extent. They do not analyze exemptions to lawyer's duty of confidentiality, the relation between the lawyer-client confidentiality and lawyer's duty of honesty, neither focus on related substantive concern areas in the Lithuanian legislation. Lawyer's duty of confidentiality usually receives considerable attention abroad, especially in the United States. There are numerous books and papers, examining the questions related thereto, such as James E. Moliterno Professional Responsibility, W. Brandley Wendel Professional Responsibility: Examples & Explanations, and many others. The fact itself that this subject has not been covered widely by Lithuanian authors proves its novelty. The relevance of this paper is confirmed by the fact, that modern states around the world have been increasingly establishing some forms of exemptions to lawyer's duty of confidentiality in their national legislation, and the discussions about this duty have been gaining growing importance in legal communities. In the legislation of the countries, where the abovementioned exemptions apply, the general rules of conduct oblige lawyers to keep all confidential information received from the client as professional secrecy and keep it undisclosed to third parties. In such cases the confidential information may only by subject to disclosure upon client's consent. Whereas the exemption provisions allow for lawyer's relevant right or duty to disclose certain confidential information disregarding the client's interests. This is where the general rules of conduct and exemptions thereto clash on certain aspects. Therefore one needs to answer the question, whether the lawyer's duty of confidentiality is absolute and whether it is compatible with the duty of honesty.

This paper seeks to answer, whether lawyer's duty of confidentiality is absolute and compatible with lawyer's honesty. The paper presents a research, the purpose of which was to analyze characteristics of the lawyer's duty of confidentiality in the national and international legislation, case-law and legal literature, as well as to discuss the relation between the lawyer-client confidentiality and lawyer's duty of honesty. The scope of this paper does not include the lawyer-client confidentiality of in-house lawyers and protection of classified documents. This subject has not been widely examined in professional literature and legislation of the Republic of Lithuania. To author's knowledge, the lawyer's duty of confidentiality is discussed, among others, in master thesis of Ms. Trakanavičienė Is the Duty of Confidentiality Placed upon Mediators Absolute? and master thesis of Ms. Miniotaitė If Loyalty to the Client Does Not Violate Lawyer's Professional Ethics?, however, these papers cover the subject to a limited extent. They do not analyze exemptions to lawyer's duty of confidentiality, the relation between the lawyer-client confidentiality and lawyer's duty of honesty, neither focus on related substantive concern areas in the Lithuanian legislation. Lawyer's duty of confidentiality usually receives considerable attention abroad, especially in the United States. There are numerous books and papers, examining the questions related thereto, such as James E. Moliterno Professional Responsibility, W. Brandley Wendel Professional Responsibility: Examples & Explanations, and many others. The fact itself that this subject has not been covered widely by Lithuanian authors proves its novelty. The relevance of this paper is confirmed by the fact, that modern states around the world have been increasingly establishing some forms of exemptions to lawyer's duty of confidentiality in their national legislation, and the discussions about this duty have been gaining growing importance in legal communities. In the legislation of the countries, where the abovementioned exemptions apply, the general rules of conduct oblige lawyers to keep all confidential information received from the client as professional secrecy and keep it undisclosed to third parties. In such cases the confidential information may only by subject to disclosure upon client's consent. Whereas the exemption provisions allow for lawyer's relevant right or duty to disclose certain confidential information disregarding the client's interests. This is where the general rules of conduct and exemptions thereto clash on certain aspects. Therefore one needs to answer the question, whether the lawyer's duty of confidentiality is absolute and whether it is compatible with the duty of honesty.

This paper seeks to answer, whether lawyer's duty of confidentiality is absolute and compatible with lawyer's honesty. The paper presents a research, the purpose of which was to analyze characteristics of the lawyer's duty of confidentiality in the national and international legislation, case-law and legal literature, as well as to discuss the relation between the lawyer-client confidentiality and lawyer's duty of honesty. The scope of this paper does not include the lawyer-client confidentiality of in-house lawyers and protection of classified documents. This subject has not been widely examined in professional literature and legislation of the Republic of Lithuania. To author's knowledge, the lawyer's duty of confidentiality is discussed, among others, in master thesis of Ms. Trakanavičienė Is the Duty of Confidentiality Placed upon Mediators Absolute? and master thesis of Ms. Miniotaitė If Loyalty to the Client Does Not Violate Lawyer's Professional Ethics?, however, these papers cover the subject to a limited extent. They do not analyze exemptions to lawyer's duty of confidentiality, the relation between the lawyer-client confidentiality and lawyer's duty of honesty, neither focus on related substantive concern areas in the Lithuanian legislation. Lawyer's duty of confidentiality usually receives considerable attention abroad, especially in the United States. There are numerous books and papers, examining the questions related thereto, such as James E. Moliterno Professional Responsibility, W. Brandley Wendel Professional Responsibility: Examples & Explanations, and many others. The fact itself that this subject has not been covered widely by Lithuanian authors proves its novelty. The relevance of this paper is confirmed by the fact, that modern states around the world have been increasingly establishing some forms of exemptions to lawyer's duty of confidentiality in their national legislation, and the discussions about this duty have been gaining growing importance in legal communities. In the legislation of the countries, where the abovementioned exemptions apply, the general rules of conduct oblige lawyers to keep all confidential information received from the client as professional secrecy and keep it undisclosed to third parties. In such cases the confidential information may only by subject to disclosure upon client's consent. Whereas the exemption provisions allow for lawyer's relevant right or duty to disclose certain confidential information disregarding the client's interests. This is where the general rules of conduct and exemptions thereto clash on certain aspects. Therefore one needs to answer the question, whether the lawyer's duty of confidentiality is absolute and whether it is compatible with the duty of honesty.