Put in jail .His hearing is days later and the women hires a friend(lawyer) to represent her husband. While visited by the friend the husband spills all his beans telling her that he has HIV and other STD's. MY question is should the friend tell the wife about the husbands condition. IF she was to tell it would breach the husbands confidentiality that his laywer is not to tell anyone else of his case. On the other hand the husband may be thretening his wifes human harm by not telling her. MY FINAL quESTION IS; SHOULD THE FRIEND TELL THE WIFE ABOUT THE HUSBANDS STD condidtion.
2006-09-05 16:31:21 · 8 answers · asked by Jah 1 in Politics & Government ➔ Law & Ethics
If the friend (lawyer) is representing the husband, then he owes his client a duty of confidentiality. Breaching that duty is an ethical violation, and potentially grounds for disbarment.
It doesn't matter if the wife is paying the bills. Under the ethical codes used by almost all states, a third-party payer does not have the right to demand a breach of confidentiality.
{INSERT} Catspaw is as usual correct, and defined the crime exception to the confidentiality rule. But having HIV or STDs is not generally considered a crime.
Further, the fact that the lawyer is a friend of the wife creates a potential conflict of interest, between the personal relationship and the professional relationship. If this conflict was not waived by the husband, then the attorney has committed another ethical breach.
2006-09-05 16:33:25 · answer #1 · answered by coragryph 7 · 1⤊ 0⤋
A lawyer is required to maintain confidentiality UNLESS the client discloses intent to commit a crime.
In many states, a person with HIV having sex with another person without disclosing their condition can be convicted of manslaughter.
Therefore, a lawyer in one of those states could ethically break confidentiality to the wife (under the assumption that a married couple has intercourse) to let her know of the danger.
In a state without that law, it is grey area, but a lawyer facing the Bar could reasonably argue that they were doing the right thing.
2006-09-05 16:40:21 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In some states HIV/AIDS is a reportable condition. This may change the answer.
The criminal liability of an HIV positive person in spreading the disease through unprotected sex is variable by jurisdiction.
As to confidentiality and privilege, see, at the extreme, the case taught to most every American law student and discussed in class: Clark v. State: http://snipurl.com/eavesdrop
2006-09-05 17:21:36 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It doesn't matter who hired the attorney. The person he represents is the client.
The lawyer is prohibited from breaching confidentiality, unless he KNOW's that a serious crime is going to be committed. This varies from state to state, with some states requiring that he inform the proper authorities about the impending crime, and some states merely allowing him to inform about the crime.
2006-09-05 16:33:44 · answer #4 · answered by Catspaw 6 · 1⤊ 0⤋
Actually, the lawyer is not obligated to confidentiality when a crime is being committed... Transmission of HIV/AIDS knowingly being a criminal act.
2006-09-05 16:40:08 · answer #5 · answered by Robb 5 · 0⤊ 0⤋
Having HIV or AIDS is not a crime ..but knowingly having it and having sex with his wife and putting her life in danger IS a crime .... and he could be charged for it too.... maybe if the friend is really a friend then maybe she should "excuse" herself from the case and tell the friend
2006-09-05 16:50:28 · answer #6 · answered by ptmamas 4 · 0⤊ 0⤋
Simple answer = If she is a real friend, she will tell her.
2006-09-09 12:57:09 · answer #7 · answered by BeachBum 7 · 0⤊ 0⤋
YES.
2006-09-09 15:45:54 · answer #8 · answered by deby k 3 · 0⤊ 0⤋