§ 6:7. Protecting client confidentiality and the attorney-client privilege

Form: Confidentiality agreement for non-lawyer staff:

            Ethical Requirements and Confidential Information

    As an employee of [independent contractor to] a law firm, I am bound by the [state] [Rules of Professional Conduct or Code of Professional Responsibility] the same as a lawyer. Non-lawyers cannot be professionally disciplined for violations of ethical rules, but lawyers can, in several instances, be disciplined for the acts of their employees [contractors]. A violation of ethical rules by an employee [contractor] may also subject the firm and the employee [contractor] to significant civil liability.
    As an employee [contractor] of this law firm, I will come into contact with all kinds of information about the firm's clients and their cases and the firm. I will be exposed to client confidences and secrets (including potentially incriminating information), correspondence, legal documents, and financial data which are entrusted to the firm as the client's legal advisor or advocate. I agree that: (a) I will forever hold such information in trust and confidence; (b) I will never use such information for my own benefit or the benefit of others; (c) I will not divulge such information at any time in any form to any person not entitled to such information unless directed by the firm or by a court of competent jurisdiction, and (d) this duty continues forever, even if the client dies.
    I recognize that unauthorized use or disclosure of any information, files, or belongings of clients to any unauthorized person outside the firm violates legal ethics and can subject me to immediate discharge from my employment [contract] with the firm. In addition, unauthorized disclosure would subject me and the firm to civil liability to the client.
    I hereby certify that I have read and understand the [state] [Rules of Professional Conduct or Code of Professional Responsibility] and the Comments to each rule.
    I agree to indemnify the law firm for any civil or criminal liability that it may incur due to my unauthorized disclosure or use of confidential information.
    A breach of this agreement is grounds for immediate discharge.
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Employee Signature
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Date