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Duty of confidentiality of members of a law firm, C3S30 CPRA

Section 30, Canon III

SECTION 30. Duty of confidentiality of members of a law firm. – A lawyer may disclose the legal matters entrusted by a client of the firm to the partners and associates, as well as paralegals, legal assistants, law clerks, legal researchers, law interns, and other non-legal staff, who are or will be involved in the handling of the client’s account, unless expressly prohibited by the client.
A lawyer directly entrusted with a client’s confidences shall adopt necessary measures to prevent other members of the law firm, both legal and non-legal, to whom the client’s confidences have been shared, from disclosing or using them, without the written informed consent of the client. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Duty of confidentiality of members of a law firm

a. Disclosure to partners and associates, and staff

Under this section, lawyers are allowed disclose legal matters entrusted by a client of the firm “to the partners and associates, as well as paralegals, legal assistants, law clerks, legal researchers, law interns, and other non-legal staff, who are or will be involved in the handling of the client’s account.”

1) Express prohibition by the client

Notwithstanding the permission granted to the lawyers, if clients expressly prohibit such disclosure, then lawyers are not allowed to make such disclosure to the partners and associates, as well as the staff.

2) Prevention measures

After being entrusted with a client’s confidences, lawyers are required to “adopt necessary measures to prevent other members of the law firm, both legal and non-legal, to whom the client’s confidences have been shared, from disclosing or using them, without the written informed consent of the client.”

References

Canon III, 2023 Code of Professional Responsibility

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