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Ethics/Professional Responsibility

Sep. 6, 2014

Confidentiality for attorney-plaintiffs

How is confidentiality impacted when an attorney is subject to acts that give rise to a potential employment claim, and seeks legal advice about her rights and remedies?

Stanley Mosk Courthouse

Wendy Chang

Judge
Los Angeles County Superior Court

Loyola Law School, 1995

Wendy is based in the firm's Los Angeles office. She is a member of the American Bar Association's Standing Committee on Ethics and Professional Responsibility. She served as an advisor to the State Bar of California's Commission for the Revision of the Rules of Professional Conduct and is a past chair of the State Bar of California's Standing Committee on Professional Responsibility and Conduct. Wendy is a certified specialist in legal malpractice law by the State Bar of California's Board of Legal Specialization.

We know confidentiality and privilege are cornerstones of the law governing lawyers. But how are these rules impacted when an attorney is subject to acts that give rise to a potential employment claim, and seeks legal advice about her rights and remedies? Attorneys are as susceptible to being victims of employment torts as any other employee. Yet when an attorney is a party-plaintiff in an employment lawsuit, and where issues of client confidentiality and privilege come into play in the ...

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