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Can you make a confidentiality agreement between individuals?

Can you have a legal paper between two people (i.e. a counselor and a client) so the counselor cannot discuss to anyone else what the client has said?

4 Answers

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  • 9 years ago
    Favorite Answer

    A counselor and a client have a confidentiality agreement by law with one exception. The one exception is threats of violence to self or others.

    As for confidentiality agreements with others, sure, that can be done. The only catch is you can't make an agreement that violates the law. So you and I can't sign a confidentiality agreement to keep secret a criminal act. In fact such an agreement could be construed as obstruction of justice or hindering prosecution if we pressed our agreement with the police or D.A.

  • Randy
    Lv 7
    9 years ago

    You can draft up what ever you want however it will have no legal standing. Confidentiality agreements between certain types of people (lawyers, counsellors, priests....) and their "clients" are recognized as having certain protections in law. The courts recognize that privileged platform of communications and allow for it. If you take it upon yourself to draft up a confidentiality agreement between yourself and an employee for example, in order to protect company secrets or info, then if that employee breaks the agreement (assuming it is drafted properly) then you would be able to sue with a pretty good likelihood of success. That agreement however would not stop a Court from forcing that person to testify against you in the event the company was doing something illegal and you were in court.

  • 9 years ago

    As others have stated, the law AUTOMATICALLY imposes such confidentiality for licensed counselors. If such an agreement is needed, the counselor/client relationship is most likely not legally recognized, making the agreement itself illegal.

  • 9 years ago

    In the US, if the counselor is legally licensed, the law already says they cannot discuss anything with the exception if the counselor thinks the client is dangerous.

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