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.)
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