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Applying the concepts of confidentiality and privilege to the professional services provided by social workers, this law note covers federal health privacy laws and regulations, state law standards, and practitioners' ethical obligations in the following areas: confidentiality requirements (including scope of confidentiality and obtaining client consent), situations in which disclosure of confidential information is required or permitted (including HIPAA exceptions to confidentiality and instances in which clients are a danger to themselves or others), and privilege and the release of client information in legal proceedings.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Previous editions published : 1997 (2nd) and 1989 (1st).
"[The author] shares his insights, anecdotes, strategies, and practical tips learned from his 20+ years of experience as in-house counsel, general counsel, corporate secretary, and chief compliance officer. As author of the popular blog, 'Ten things you need to know as in-house counsel, ' Miller provides quick points that you can use in your everyday practice ... Whether you are new to an in-house department or a long-term veteran, the general counsel or just a basic contract lawyer, Ten Things You Need to Know as In-House Counsel provides you with guidance on: how to be a successful in-house counsel; being more productive every day; drafting documents and emails; how to negotiate; effectively managing outside counsel fees; trade secrets and protecting your company; dealing with the Board of Directors; preparing for when bad things happen; analyzing risk; and much more."--
The Attorney-Client Privilege and the Work-Product Doctrine has helped thousands of lawyers through this increasingly complex area. In addition to providing a comprehensive overview of the current law of the attorney-client and work-product immunities, the new edition includes many more case illustrations and contextual examples, as well as numerous practical tips and guidance. Practical, accurate, reliable and clear, this book is the ideal guide for a practicing litigator: intellectually rigorous, but without the theoretical and academic baggage that can make writing on this subject cumbersome and leaden.
The advent of computerized data systems, the growth of managed care, the AIDS epidemic, mandatory reporting requirements for child abuse, workplace drug testing, and various laws requiring that social workers maintain confidential communications in some situations yet disclose them in others have made confidentiality a vital, changing area of the law. Practitioners, administrators, and those studying for these professions need to know how to use these laws to protect their clients, themselves, and their agencies. Mental health practitioners need authoritative guidance in these areas when working with clients -- children as well as adults -- in both individual and group settings. Administrators must be aware of the laws that protect worker and client privacy, and those that permit legitimate access to information.
Corporate Privileges and Confidential Information is designed to assist inside and outside counsel in negotiating obstacles to maintaining corporate secrecy.