Document Type

Article

Publication Title

Loyola of Los Angeles Law Review

Volume

29

Publication Date

1995

Keywords

nondisclosure agreement, lawyer-client relationship, Jewish ethics, Judic teachings, religious lawyers, Jewish lawyers, religious confidentiality

Abstract

As adopted by courts and legislatures, lawyer's ethical codes have the force of law. They require a lawyer to keep information confidential unless the lawyer knows the client will commit a future crime. Jewish tradition generally forbids the disclosure of confidential information as "a terrible invasion of another person's privacy."This interdiction, rooted in the Torah's prohibition on talebearing, applies even when the information disclosed is true. The great medieval commentator, Maimonides, observed that gossip "ruins the world.” He further reproached "the evil tongue of the slander-monger who speaks disparagingly of one's fellow, even if the truth is told." Accordingly, the Jewish tradition developed the general rule that information must be kept confidential absent an express waiver of confidentiality.

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