The Rules of Professional Conduct make it clear that attorney client privilege cannot be breached without prior written consent (see ORPC 1.6). Yet, Oregon abuse reporting law (see e.g. ORS 124.050-24.095, ORS 419B.005419-B.050) imposes a legal obligation on certain “public and private officials” to report abuse of older adults, children and people with disabilities. Lawyers are included in the definition of “public or private officials” having a duty to report. What happens when your duty to report under state laws results in a potential breach of attorney client privilege? This program will provide attorneys with guidance about how to navigate the line between these two, potentially conflicting obligations.
This is an OSB Disability Law Section CLE.