Ethics committee wades into in-house disclosure conduct

In-house lawyers cannot disclose confidential information when suing their employers or clients for discrimination, unless they are defending against a counter claim of affirmative defence, an opinion from the DC Bar Legal Ethics committee stated.

07 November 2012

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Under DC Bar Rules of Professional Conduct, those working in-house are not allowed to disclose confidences or secrets in making a claim, reports the National Law Journal.

Retaliation charges

However, the committee also found that the rules allow lawyers to make disclosures if the employer or client being sued questions the lawyer’s conduct.
The committee clarified that in-house lawyers are not barred from bringing discrimination or retaliation charges when they know that an employer or client may have to disclose confidential information to defend against the claim.