slides

1. The Law of
Whistleblowing
Washington University – Fall 2014
class # 8

2. David Clohessy
Director, SNAP
davidgclohessy@gmail.com
314-566-9790 (c)

3. Should L advocate
C’s stated interests,
or
what L believes is in
C’s best interest
?

4. Abbe Smith,
Case of a Lifetime
(2008)
washingtonpost.com/wp-dyn/
content/article/2008/06/24/AR200806
2401155_pf.html

5. Allocation
of
decision-making
authority
Model Rule 1.2

6. Problem
re:
Child
Abuse

7. May Attorney
report the abuse of W’s child
against the wishes
of her client, W
?

8. Is
Attorney
required to report
the abuse
?

9. Would
Attorney
be subject to liability
for
disclosing
this information
?

10. Would
Attorney
be subject to liability
for failing
to disclose
this information
?

11. § 7A-543
. . . any person . . . who has
cause to suspect that any
juvenile is abused . . . shall
report the case . . . to the
director of the Department of
Social Services

12. § 7A-543
No privilege shall be grounds
for any person . . . failing to
report that a juvenile may have
been abused, . . . even if the
knowledge or suspicion is
acquired in an official
professional capacity . . .

13. § 7A-543
. . . except when the knowledge
or suspicion is gained by an
attorney from that attorney's
client during representation
only in the abuse, neglect or
dependency case.

14. Andrews said
Robber = 40 year old Latino,
6'1" 210 lbs.
Barnes - on probation, pled
guilty to burglary

15. Carson chose person other than
Thomas from array of 8 photos
Driggs found toy .38 revolver in
Thomas’s car
Driggs - suspended for falsely
denying use of force