The Law of Professional-client Confidentiality PDF Download
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Author: Rosemary Pattenden
Publisher:
ISBN: 9780199669516
Category : Law
Languages : en
Pages : 0
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Book Description
This book examines the disclosure and withholding of all forms of confidential information handled by professionals. Fully revised and updated, the new edition examines the numerous recent developments in the law, particularly following revelations by the media of the interception of professional confidences by phone hacking and other means. Its primary focus is on the law of England and Wales, but it includes insights from the secondary literature and case law of Australia, Canada, Ireland, New Zealand, and Scotland. This allows it to predict how English courts may fill gaps in the law, and makes it a useful resource for practitioners in other common law jurisdictions. The book begins with a discussion of the basic principles of confidentiality, including types of confidential information, confidentiality obligations, disclosures, and confidentiality obligation. Part I examines the legal instruments for the enforcement of confidentiality, including contractual obligations, tort of misuse of private information, equitable wrongs, actions against third parties, civil remedies and criminal offences, and remedies beyond the courts. Part II discusses justified disclosure, including those relating to public interest, official investigations, administration of justice, consent and waiver, and lapsed confidentiality. Part III analyses the grounds for justified non-disclosure, including legal professional privilege, public interest immunity, contractual or equitable obligations, data protection and freedom of information, privacy protection, and non-disclosure to client. Finally, Part IV discusses limiting the extent of a lawful disclosure, dealing with circulation restrictions, public reporting, anonymity, court attendance restrictions, and collateral use. This is an essential reference for those advising either the professional or the individual client on issues relating to the disclosure of confidential personal information.
Author: Rosemary Pattenden
Publisher:
ISBN: 9780199669516
Category : Law
Languages : en
Pages : 0
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Book Description
This book examines the disclosure and withholding of all forms of confidential information handled by professionals. Fully revised and updated, the new edition examines the numerous recent developments in the law, particularly following revelations by the media of the interception of professional confidences by phone hacking and other means. Its primary focus is on the law of England and Wales, but it includes insights from the secondary literature and case law of Australia, Canada, Ireland, New Zealand, and Scotland. This allows it to predict how English courts may fill gaps in the law, and makes it a useful resource for practitioners in other common law jurisdictions. The book begins with a discussion of the basic principles of confidentiality, including types of confidential information, confidentiality obligations, disclosures, and confidentiality obligation. Part I examines the legal instruments for the enforcement of confidentiality, including contractual obligations, tort of misuse of private information, equitable wrongs, actions against third parties, civil remedies and criminal offences, and remedies beyond the courts. Part II discusses justified disclosure, including those relating to public interest, official investigations, administration of justice, consent and waiver, and lapsed confidentiality. Part III analyses the grounds for justified non-disclosure, including legal professional privilege, public interest immunity, contractual or equitable obligations, data protection and freedom of information, privacy protection, and non-disclosure to client. Finally, Part IV discusses limiting the extent of a lawful disclosure, dealing with circulation restrictions, public reporting, anonymity, court attendance restrictions, and collateral use. This is an essential reference for those advising either the professional or the individual client on issues relating to the disclosure of confidential personal information.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Rosemary Pattenden
Publisher:
ISBN: 9780191648649
Category :
Languages : en
Pages : 737
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Book Description
The new edition of the comprehensive practitioner guide to disclosure and withholding of confidential information, drawing together many areas of law to provide detailed guidance on issues and solutions.
Author:
Publisher:
ISBN: 9780871014276
Category : Confidential communications
Languages : en
Pages : 0
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Book Description
Applying the concepts of confidentiality and privilege to the professional services provided by social workers, this law note covers federal health privacy laws and regulations, state law standards, and practitioners' ethical obligations in the following areas: confidentiality requirements (including scope of confidentiality and obtaining client consent), situations in which disclosure of confidential information is required or permitted (including HIPAA exceptions to confidentiality and instances in which clients are a danger to themselves or others), and privilege and the release of client information in legal proceedings.
Author: Donald T. Dickson
Publisher: Simon and Schuster
ISBN: 0684826577
Category : Law
Languages : en
Pages : 328
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Book Description
The advent of computerized data systems, the growth of managed care, the AIDS epidemic, mandatory reporting requirements for child abuse, workplace drug testing, and various laws requiring that social workers maintain confidential communications in some situations yet disclose them in others have made confidentiality a vital, changing area of the law. Practitioners, administrators, and those studying for these professions need to know how to use these laws to protect their clients, themselves, and their agencies. Mental health practitioners need authoritative guidance in these areas when working with clients -- children as well as adults -- in both individual and group settings. Administrators must be aware of the laws that protect worker and client privacy, and those that permit legitimate access to information.
Author: Bridgit Dimond
Publisher: Andrews UK Limited
ISBN: 1856424944
Category : Law
Languages : en
Pages : 149
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Book Description
This revised and updated edition explores the law relating to patient confidentiality and reflects the recent legislation in the field. The text is written in a jargon free, non-legalistic way to allow the reader to understand the principles and how they apply to practice. The book is aimed at all health professionals who care for the patient, and for patient service managers, patient groups, relatives and anybody who is interested in understanding the law relating to patient confidentiality. The book includes case studies throughout.
Author: C. Emmanuel Ahia
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 82
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Book Description
Author: Lorena Bachmaier Winter
Publisher: Springer Nature
ISBN: 3030431231
Category : Law
Languages : en
Pages : 440
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Book Description
The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA. The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer’s discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level. Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field – from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings.
Author: University of Wyoming. College of Law. Meeting
Publisher:
ISBN:
Category : Confidential communications
Languages : en
Pages :
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Book Description
Author: Agency for Healthcare Research and Quality/AHRQ
Publisher: Government Printing Office
ISBN: 1587634333
Category : Medical
Languages : en
Pages : 385
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Book Description
This User’s Guide is intended to support the design, implementation, analysis, interpretation, and quality evaluation of registries created to increase understanding of patient outcomes. For the purposes of this guide, a patient registry is an organized system that uses observational study methods to collect uniform data (clinical and other) to evaluate specified outcomes for a population defined by a particular disease, condition, or exposure, and that serves one or more predetermined scientific, clinical, or policy purposes. A registry database is a file (or files) derived from the registry. Although registries can serve many purposes, this guide focuses on registries created for one or more of the following purposes: to describe the natural history of disease, to determine clinical effectiveness or cost-effectiveness of health care products and services, to measure or monitor safety and harm, and/or to measure quality of care. Registries are classified according to how their populations are defined. For example, product registries include patients who have been exposed to biopharmaceutical products or medical devices. Health services registries consist of patients who have had a common procedure, clinical encounter, or hospitalization. Disease or condition registries are defined by patients having the same diagnosis, such as cystic fibrosis or heart failure. The User’s Guide was created by researchers affiliated with AHRQ’s Effective Health Care Program, particularly those who participated in AHRQ’s DEcIDE (Developing Evidence to Inform Decisions About Effectiveness) program. Chapters were subject to multiple internal and external independent reviews.
