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Alan Donagan | Justifying Legal Practice in the Adversary System

question 60

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Alan Donagan | Justifying Legal Practice in the Adversary System: A Look at Confidentiality
Donagan looks at arguments justifying lawyer-client confidentiality within the adversary system. While the standard interpretation of confidentiality is justified within the adversary system, an extended interpretation allowing attorneys to withhold information they would otherwise disclose as a moral duty, does not. Donagan examines two arguments for an extended version of confidentiality and demonstrates that the first fails as a consequentialist argument and the second on the basis of false premises. He argues for the sufficient nature of the standard interpretation of confidentiality.
-According to Donagan, a legal right, even one that society is morally obliged to grant, is not the same as a ___________ right.


Definitions:

Always The Boss

A phrase describing someone who consistently takes charge or behaves in an authoritative way in various situations.

Career Advancement

The process of moving up in one's profession, typically marked by increased responsibility, higher pay, and improved benefits.

Organizational Goals

The strategic objectives that an organization aims to achieve, which guide its operational activities and strategic planning.

Legitimate Interests

A basis for processing personal data that is considered to be justified on the grounds of its necessity for the performance of a task or pursuit of a vested interest.

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