Abstracts

CONFIDENTIALITY

Moshe Tendler, "Confidentiality: A Biblical Perspective on Rights in Conflict", National Jewish Law Review IV (1988), 1-7.

G. Tucker, "The Confidentiality Rule: A Philosophical Perspective with Reference to Jewish Law and Politics", Fordham Urban Law Journal 13 (1985), 99-112. - The Model Rules of Professional Conduct for lawyers, adopted in 1983 by the American Bar Association, permit (but do not require) a lawyer to disclose confidences when he reasonably believes his client will commit a future criminal act likely "to result in imminent death or substantial bodily harm" to another person. Tucker feels disclosure should be mandatory, and he would extend the requirement to cover prevention of serious harm of any kind, including harm to financial interests of property. Generalizing from examples in Jewish law, he argues that imminent specific harm to an individual should take precedence over general fears of potential harm to a client or society resulting from disclosure - and he sees just such fears as the traditional justifications for protecting confidentiality. Thus, in his view, Jewish law would agree with and support his proposal for reform of Model Rule 1.6. (D.H.P.)

 

 

   Search this site            powered by FreeFind
    

The Jewish Law Association website is
hosted by the Centre for Jewish Studies
at the University of Manchester

About | Officers | Constitution | Membership | Conferences
Publications | Abstracts | Resources | Courses | Links

View the framed or non-framed version of this site