The Ethical Dilemma Awaiting Counsel Who Represent Adolescents with HIV/AIDS: Criminal Law and Tort Suits Pressure Counsel to Breach the Confidentiality of the Clients’ Medical Status

34 Pages Posted: 23 May 2013

Date Written: 1996

Abstract

With the enactment of state criminal provisions against the intentional exposure of the public to HIV/AIDS, and the development of tort law creating civil liability for disclosing and failing to disclose one's HIV/AIDS status, many attorneys will find themselves caught in an ethical dilemma when representing the interests of sexually active adolescent clients. State ethics codes define confidentiality so as to allow counsel to reveal information about clients' medical status or clients' future criminal conduct, especially in jurisdictions which criminalize the knowing or intentional exposure of third parties to HIV/AIDS. This article suggests that once the attorney is aware of the client's medical status, counsel must struggle with the ethical dilemma while maintaining a professional relationship with the client.

Keywords: HIV, AIDS, confidentiality, ethics

Suggested Citation

Katner, David R., The Ethical Dilemma Awaiting Counsel Who Represent Adolescents with HIV/AIDS: Criminal Law and Tort Suits Pressure Counsel to Breach the Confidentiality of the Clients’ Medical Status (1996). 70 Tulane Law Review, 2311, (1996), Available at SSRN: https://ssrn.com/abstract=2268035

David R. Katner (Contact Author)

Tulane University - Law School ( email )

New Orleans, LA 70118
United States
504-865-5153 (Phone)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
112
Abstract Views
659
rank
289,534
PlumX Metrics