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The Law of 
Whistleblowing 
Washington University – Fall 2014 
class # 8
David Clohessy 
Director, SNAP 
davidgclohessy@gmail.com 
314-566-9790 (c)
Should L advocate 
C’s stated interests, 
or 
what L believes is in 
C’s best interest 
?
Abbe Smith, 
Case of a Lifetime 
(2008) 
washingtonpost.com/wp-dyn/ 
content/article/2008/06/24/AR200806 
2401155_pf.html
Allocation 
of 
decision-making 
authority 
Model Rule 1.2
Problem 
re: 
Child 
Abuse
May Attorney 
report the abuse of W’s child 
against the wishes 
of her client, W 
?
Is 
Attorney 
required to report 
the abuse 
?
Would 
Attorney 
be subject to liability 
for 
disclosing 
this information 
?
Would 
Attorney 
be subject to liability 
for failing 
to disclose 
this information 
?
§ 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
§ 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 . . .
§ 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.
Andrews said 
Robber = 40 year old Latino, 
6'1" 210 lbs. 
Barnes - on probation, pled 
guilty to burglary
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

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Law of Whistleblowing - Class # 8

  • 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
  • 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