What Atty-Client Privilege Doesn't Cover

In some circumstances, an attorney has an obligation to report information, even if it was obtained in the course of representation. Are You Privileged? Don't Be Too Sure When It Comes to Ethics Problems, Law Practice Today, June 2006, discusses two situations:

• Attorney A learns of misconduct Attorney B. As part of a settlement, A and the client agree not to report B to the disciplinary authorities. Attorney A is later disciplined for not reporting the misconduct.
• Sarbanes-Oxley requires attorneys to report certain corporate misconduct.

Filed in: practice-of-law, privilege, ethics