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Unpublished Paper
Government Lawyers and Confidentiality Norms
ExpressO (2007)
  • Kathleen Clark, Washington University in St. Louis
Abstract
This article addresses the confidentiality obligations of government lawyers, and how those obligations differ from private sector lawyers. It examines the rather complex question of the identity of a government lawyer’s client, notes that many government lawyers make decisions that are normally reserved for clients, and finds that those lawyers can appropriately consider the public interest in making those decisions. On the specific issue of confidentiality, the article asserts that, as a substantive matter, government lawyers may disclose government wrongdoing and may reveal information that is subject to disclosure under freedom of information laws. But as a procedural matter, state supreme courts and governments need to establish procedures for government lawyers to follow in disclosing wrongdoing or other information that would be subject to disclosure under freedom of information laws.
Disciplines
Publication Date
September, 2007
Citation Information
Kathleen Clark. "Government Lawyers and Confidentiality Norms" ExpressO (2007)
Available at: http://works.bepress.com/kathleen_clark/1/