Jan 20, 2022
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rainbow-rapier
Person A was found dead. Police suspect Person B and mark them down as person of interest. B gets a lawyer. Here's my question: does B tell this lawyer, yes I killed person A? Or do they come up with an alibi? (Supposing b really did commit the crime)
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Lawyers are legally bound by attorney-client privilege, this means a lawyer cannot present confidential communications with a client in court as evidence without that client’s express consent. And any lawyer who breaks this, either deliberately or negligently, is guilty of legal malpractice
A lawyer can only break client confidentiality Under ‘crime-fraud exception’. This only happens when if a client reveals that they are planning to carry out a crime or fraud or is in the process of doing so.
Person B committed the murder, if they tell their lawyer this fact, the lawyer cannot reveal this fact. But if Person B says to their lawyer, that Person B intend to kill a witness to the murder, then the lawyer must disclose.
A lawyer can only protect a client if the lawyer knows all the facts and only after knowing what has happen can the lawyer help their client with an alibi.
Links:
Everything you need to know about attorney-client privilege (and when it no longer applies)
Breach of attorney-client confidentiality can torpedo your case
The Attorney-Client Privilege: Most, but not necessarily all, of what you tell your lawyer is privileged.
How to Lose Attorney-Client Privilege
Moving records for personal safety
Anonymous said to @ask-drferox: TW stalker: I'm in the process of legally changing my name, changing my dog's name, and moving across the country (there's a whole thing involving a dangerous stalker -- there aren't any better options). My dog needs a new vet, and has a lengthy enough medical history that we're gonna need to send his records to our new vet. Any advice for navigating a completely different set of names on the old records, minimally-awkwardly? Know of any vet-specific things to watch out for with stalkers?
You can change your name, your contacts and your pets name but the one detail you cannot change is your pet’s microchip number. This long digit can’t be changed or removed, and proves that the dog is the same dog as on the records even if the names are different, but the contact details registered to that number can be changed.
Fortunately most people, even of the stalker-type, haven’t thought to memorise a pet’s microchip number, and even if they did then they would need a login or password to access your contact details registered to that microchip, and generally that’s just your name, phone number and suburb. But you do need to update the microchip registry details when you move, even if you put in a false address use your real phone number, and ask the registry whether you can flag your details because of the stalker. The vet clinic in most countries can’t update the registry for you, only the registry can, but there are ways to flag pets as missing/stolen so there is probably a way to flag them for a potentially violent situation. I expect it would be helpful for you to know if anyone is trying to access your details this way.
In terms of the medical records themselves, if they include the dog’s microchip number then that’s the easy way to prove they’re for the right pet, even if the names are totally different.
You could ask your clinic to send the records to your new vet and specify that the dog will have a new name. Pets get renamed quite often so that isn’t particularly unusual, and they change owners from time to time so it probably wouldn’t raise any concerns.
Alternatively you could request a hard copy of your records, block out your old name and address but leave the dog’s microchip, and provide that physical copy to your new clinic.
You could also be up front with the clinic and say “Look, I’ve had to relocate for legal/safety reasons. By the way, never ever put photos of my pets on your Facebook page, thanks.” Most clinics can just put a little alert on the file in case anybody ever calls the clinic requesting that info so they can not only claim to know nothing about you, but can call to let you know somebody was asking about you.
There is an increasing trend for vet clinics to share photos of their patients on social media, and while this should happen with owner permission, in your situation I’d advise keeping them off social media entirely, including the clinic’s social media.
My preference would be to be frank about your safety needs, but that of course is up to you. It’s particularly the microchip details you need to check and keep in mind, but they will match your dog to your dog’s records even with a different name.
Does patient confidentiality exist for vets like MD's? Or how does it differ? Will I overhear my vet taking about my cats ear infection with the lady down the road (for example).
In vet medicine it’s more client confidentiality rather than patient confidentiality, but it’s very similar. Basically the difference is that our patients are not human, so it’s not their privacy that’s a concern, it’s our client’s privacy that’s a concern.
You might hear your vet talking about an ear infection. Even specifically an ear infection in a cat. But there should be no identifying features mentioned that could identify the case as your cat.
The same applies online, and I cringe when I see a vet student post photos of a ‘cute’ patient they had in, because unless they have specific permission to post that photo, then they’ve broken client confidentiality.
I know I post stories about my patients. I even post some of their pathology reports and imaging. But I take great care to not post photos of owned animals, purely for this reason.
Some other precautions I might take when posting clinic stories or case studies to protect client confidentiality are:
Never using the client name
Changing details about the client (age, gender, etc)
Changing the patient name
Changing the patient sex, age, colour or breed
Lying about the time frame (eg claiming this happened last week, when it was really 5 years ago)
Changing the history or reason of presentation
Never posting images with names, faces, or meaningful laboratory numbers
Not posting images of my uniform (though admittedly I’m very easy to stalk, I made that choice)
Only using images of parts of an animal, not the whole animal
I have to be careful about what and how I post to keep my registration and job, but changing the above details don’t change the point of the story, and tracking down the real case for someone other than myself becomes very difficult.
For example, unless you are Lucifer the Bunny’s owner, you’re not going to know for sure who that is if you see the post, though it did concern me initially to see so many people tagging it ‘this is me’ or ‘this is X’.
Nobody should be able to be identified from anything I post. Maybe it’s unlikely anyway with only a few thousand people following, bu things can go viral on the internet and none of us should be risking ourselves for a cute photo, especially in this age of social media.
To what creature did you sell your soul to achive such levels of hotness?
Can’t speak the name aloud
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