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New Department Of Labor Rule Has Potential To Damage Attorney-Client Confidentiality

Published by on November 7, 2011

The U.S. Department of Labor recently proposed a reporting rule that would require lawyers who provide legal advice to employer clients and who engage in “persuader activities” to file periodic disclosure reports, even if the lawyers have no direct contact with employees.  More after the break. The American Bar Association President has spoken out against […]

The U.S. Department of Labor recently proposed a reporting rule that would require lawyers who provide legal advice to employer clients and who engage in “persuader activities” to file periodic disclosure reports, even if the lawyers have no direct contact with employees.  More after the break.

The American Bar Association President has spoken out against the proposed rule, arguing that it would require lawyers to reveal a substantial amount of confidential client information, including the identity of the client, the nature of the legal representation, and information about the types of legal tasks that were performed. The rule would also require lawyers to disclose the legal fees that were paid by employer clients for labor relations advice or services. The ABA urged the Department of Labor to retain its current rules which exempt lawyers from “persuader activities” reporting requirements when lawyers provide legal services directly to employers but have no contact with employees.

To view the ABA news release, click here.

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