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Alan Donagan | Justifying Legal Practice in the Adversary System

question 6

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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.
-The Canadian Bar Association states that lawyers must warn clients that they will not keep information secret if it shows that evidence presented on their behalf is


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