Trust, Secrets, and the Duty to Protect

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Client privilege simply refers to the confidentiality between professionals and their clients, where the professionals keep their private discussions with their clients confidential, in relation to the services they are rendering to the client.

A doctor is not allowed to discuss the medical records or history of their patient with anyone else without the permission of the patient, a lawyer cannot share his clients secret to the opposing counsel when his clients confess to a crime to him even when he feels it is the right thing to do, if he does, the information will not be relevant in court and may lead to the disbandment of the lawyer. Where does the responsibility to the client end and where does the responsibility to society begin?

Doctors have the responsibility to save lives as well as to protect clients' secrets due to the confidentiality rule. In cases where a parent, for instance, is negligent towards their child in a way that could harm the child, the patient might have informed their doctor about an incident that may have resulted from the parent's negligence. The doctor must be required by law to inform the relevant authority about the case or situation.

Where a child has been injured or harmed by a parent or guardian, the doctor is required to report. In situations where an incident occurs to a patient who must tell the doctor about illegal activity that might have led to the incident, the doctor is required to report the incident so that the patient will be arrested after their treatment and held accountable for their actions and inaction.

A priest is also not allowed to discuss the confession he hears from his congregation during a confession session. However, it would be unlawful and wrong if a person confesses to a sin such as murder and another person is being prosecuted for that sin. In contrast, the priest sits under the roof of confidentiality. If the person is truly repentant and sorry for his sin, he should seek atonement by presenting himself for the punishment of his crime, rather than merely repenting only to go back to the crime.

Client privilege and confidentiality exist between clients and professionals in order to establish a level of trust so that the client can be free to share all information that can help the professional stay informed and be able to help them.

While a lawyer may not be allowed to disclose crimes confessed to them by their client, they are not bound to keep secret a crime or a threat that their client tells them about unless the crime has not occurred. If a client informs their lawyer of a crime they plan to commit, the lawyer is obliged to inform the authorities or warn the intended victim to protect the victim and to prevent the client from committing the crime.

It will be easier, however, for the professionals to seek to speak to the client's conscience to tell the truth, rather than to breach client privilege in order to prevent themselves from facing legal or professional sanctions. By advising the client against unlawful behaviours, the professional can honour their duty and responsibility to the client and maintain justice and general safety in society.

My name is @rishagamo, and this is my response to the Hive Learners weekly featured prompt, week 228, episode 01: “CLIENT PRIVILEGE”