Legal Question in Legal Ethics in North Carolina

Re: attorney responsibility for address confidentiality in a 50B case

This raises a host of complicated issues. For a more reliable answer, one would have to thoroughly search case law and the rules of professional conduct. Here are some initial thoughts: The Plaintiff's attorney has various duties of loyalty to the Plaintiff, and must conform to the standard of practice; he has a duty to not disclose confidential information. The parameters of his duty and of the confidentiality is not clear. I am inclined to say, however, that he may have violated some duty to the Plaintiff by disclosing her address. It is not clear from the inquiry the reason for the disclosure; was it voluntary, or pursuant to a proper request. In view of the history of violence, however, it may be foreseeable that the Defendant use the information and attack the Plaintiff. (The Plaintiff's lawyer probably should have sent the information to the Defendant's attorney, if at all, with an instruction that it not be disclosed to the Defendant.) Even if the Plaintiff's attorney violated some duty, it is not clear whether this is "actionable," but it probably would be. As for the Defendant's attorney, that raises difficult questions. As a general matter, he (or she) is the Defendant's agent, and has duties of loyalty to the Defendant. As a general matter, a lawyer would not conceal information from his client. The rules and standards, however, are probably flexible enough to give him the discretion to withhold the information under appropriate circumstances, which may be presented here. (Also query: does the Defendant's attorney have to believe a denial by the Defendant of the initial violence? Also, could there have been a legitimate reason to give the info to the Defendant.) Another issue is that of causation. I.e. could the Defendant have found this information elsewhere? Also, did the Defendant need this information at all? The inquiry indicates that the Plaintiff was assaulted on her way to work. The Defendant may have been quite capable of attacking the Plaintiff without this information, either while she was on her way to work, or while she was going to see friends or family etc. By definition, assuming this is a 50B proceeding, the Defendant was "a person with whom the aggrieved party has or has had a personal relationship." So it is not clear that either attorney's conduct really caused this incident. If you or the Plaintiff is serious about this matter, you should probably consult a lawyer. More information and research is needed to provide a reliable answer.