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Prohibition against filial disclosure, C3S31 CPRA

Section 31, Canon III

SECTION 31. Prohibition against filial disclosure. – A lawyer shall not discuss a client’s confidences even with family members.

1. Prohibition against filial disclosure

Lawyers are prohibited from discussing “a client’s confidences even with family members.”

a. Family members

The lawyer’s family members have no business knowing about a client’s confidences. Thus, lawyers should avoid sharing or talking about their client engagements, particularly the concerns of the client and what the lawyers are doing on behalf of the client.

1) Not covered by confidentiality rule

More importantly, it should be noted that a lawyer’s family members are not covered by confidentiality rule. Thus, in the unlikely event that they are subpoenaed in a case, they cannot invoke the confidentiality rule as with paralegals or non-lawyer staff in a law firm.

References

Canon III, 2023 Code of Professional Responsibility

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