Common use of Exceptions to Confidentiality and Privilege Clause in Contracts

Exceptions to Confidentiality and Privilege. The following are exceptions to confidentiality and are not protected by privilege from discovery or introduction into evidence in a court or adversarial proceeding: A communication that is available to the public or made during a session of a Collaborative Process that is open or is required by law to be open to the public; A threat or statement of a plan to inflict bodily injury or commit a crime of violence; Communications intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; Communications in an agreement resulting from the Collaborative Process, evidenced by a record signed by all parties to the agreement; Communications sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a Collaborative Law Process; Communications sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation of a child or adult unless the protective services agency is a party or participant; Communications necessary to respond to a disclosure or representation about a Collaborative communication that prejudices another person in a proceeding; Collaborative communications agreed to be disclosed by both parties in a signed record and, in the case of a Collaborative communication by a Team member (other than the attorneys), agreed to be disclosed by the Team member; If a Court finds, after a hearing in camera, that the party seeking to obtain or use the Collaborative communication in discovery or court has shown (a) the evidence is not otherwise available, (b) the need for the evidence substantially outweighs the interest in protecting confidentiality, and (c) the proceeding involves a felony or misdemeanor or proceeding seeking rescission or reformation of a contract arising out of the Collaborative Law Process or in which a defense to avoid liability on the contract is asserted; and A disclosure in a report of suspected domestic violence to an appropriate agency.

Exceptions to Confidentiality and Privilege. The following are exceptions to confidentiality and are not protected by privilege from discovery or introduction into evidence in a court or adversarial proceeding: A communication that is available to the public or made during a session of a Collaborative Process that is open or is required by law to be open to the public; A threat or statement of a plan to inflict bodily injury or commit a crime of violence; Communications intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; Communications in an agreement resulting from the Collaborative Process, evidenced by a record signed by all parties to the agreement; Communications sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a Collaborative Law Process; Communications sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation of a child or adult unless the protective services agency is a party or participant; Communications necessary to respond to a disclosure or representation about a Collaborative communication that prejudices another person in a proceeding; Collaborative communications agreed to be disclosed by both parties in a signed record and, in the case of a Collaborative communication by a Team member (other than the attorneys), agreed to be disclosed by the Team member; If a Court finds, after a hearing in camera, that the party seeking to obtain or use the Collaborative communication in discovery or court has shown (a) the evidence is not otherwise available, (b) the need for the evidence substantially outweighs the interest in protecting confidentiality, and (c) the proceeding involves a felony or misdemeanor or proceeding seeking rescission or reformation of a contract arising out of the Collaborative Law Process or in which a defense to avoid liability on the contract is asserted; and A disclosure in a report of suspected domestic violence to an appropriate agency. .