Can a criminal defense attorney depose the victim in a domestic violence incident without getting the consent of the victim’s divorce lawyer? Can a family law attorney depose the opposing party about a personal injury lawsuit without the personal injury lawyer’s consent? That depends on what those lawyers want to ask about and whether they have the witness’s counsel’s consent.
The Indiana Supreme Court recently issued a disciplinary opinion that addressed the issues of confidentiality clauses in settlement agreements, a lawyer’s handling of contraband, and the tension between a lawyer’s duty to report child abuse and the lawyer’s duty of confidentiality.
Under normal circumstances, we would try to fill this column with something useful. We would try to give you tips that may help your practice, and we would hope that our column would give you a teensy-weensy bit of knowledge that might help you avoid an ethical problem down the road. However, these are not normal circumstances, so we feel like offering something a little different.