Sentences with phrase «presumption against disclosure»
Even though the deleterious effects of a presumption against disclosure are real and substantial, any potential chilling effects of complete openness need to be carefully considered, and were unable to be evaluated on the record in this case.
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That presumption can be rebutted by clear and convincing evidence that shows that all reasonable measures, as discussed in rule 3.4 - 20, have been taken to ensure that no disclosure will occur by the transferring lawyer to the member or members of the firm who are engaged against a former client.