hypothetical situation: If a SP had a client who was her Doctor, Lawyer, Accountant, Realtor, Social Worker, Minister or other profession and he divulged personal information to another SP about her, what could be done to stop him or what could be the ramifications of his actions?
Professional ethics???
- Thread starter tess
- Start date
SP-client is not personal, but no different then a professional relationship as you call it. Without the professional governing body, association, University degree and no privilge.Yuppie said:
If the personal information divulged to a third party was derived by the original professional relationship with the doctor, lawyer, etc. and not through the sexual relationship with the SP, then the governing bodies would most definitely be "disturbed," particularly that of the doctor, lawyer or accountant. You place too much emphasis in your subsequent post about privilege (the only legally recognized one of which is lawyer-client). Instead, there is a fiduciary (look it up in your Funk & Wagnalls) relationship created in each of the situations you described. The question to then be asked is "was the release of the personal relationship to the third party a breach of fiduciary duty?". Depending on the information released, it could well be. The remedy may be a lawsuit.tess said:
Main Entry: 1fi·du·cia·ry
Pronunciation: -'dü-shE-"er-E, -sh&-rE, -'dyü-
Function: noun
Inflected Form(s): plural -ries
: one that holds a fiduciary relation or acts in a fiduciary capacity
Not too helpfull I'm afraid..
Pronunciation: -'dü-shE-"er-E, -sh&-rE, -'dyü-
Function: noun
Inflected Form(s): plural -ries
: one that holds a fiduciary relation or acts in a fiduciary capacity
Not too helpfull I'm afraid..
re. fiduciary duty or privilege... does it not extend beyond the office of the professional no matter what situation?
Ok, it is different for each of the above:tess said:
1) Doctor - If he sleeps with a patient, he's toast. Breaking medical confidentiality just makes him burnt toast. We're talking 6 figure fine and probably a couple of years without a medical licence.
2) Lawyer - They are allowed to have sex with clients, but if they break the lawyer-client confidentiality (except under court order or permission) they get sanctioned and can be dis-barred or suspended, depending on the nature of the information revealed to a 3rd party.
3) Accountant - I'm not 100% sure on this one, but there are a few accountants on here who might know.
4) Realtor - I can't really see how this would be an issue unless the person he/she told the information to was involved in an active real estate transaction with you. That is the only time confidentiality comes into play, when they are talking to 'the other side' in a deal that isn't final yet.
5) Minister - No legal responsibility at all, not really supposed to be seeing SPs though.. Penalty for seeing two SPs would be much more than for blabbing secrets between two SPs I would guess.
6) Social worker - Probably would be grounds for dismissal but I'm sure the civil service union would never allow more than a slap on the wrist.
In all cases, no laws have been broken, so the police wouldn't be involved at any point. In some cases, you could also sue them for what they did.
If you're a muslim and it was a civil servant, you can probably get $10 million and an apology from the PM.
A guy tells another hooker about the first one. Ramifications? Seems like an odd question. If one of those professional guys decides to talk about his paid sex life with another hooker that is really insane but his business.tess said:
If a doctor or lawyer talks about confidential patient or client information with someone who is a stranger to the person being talked about, that is a whole different situation and being a hooker is irrelevant. Disclosure of confidential information is a serious issue with legal ramifications. It is just that whole hooker thing that you can remove from your question as it is irrelevant.
Being in the Medical field myself, Dr.& patient relationship, must NEVER cross the boundry , if so the Dr. could lose his/or/her licence of practice.
I am on your side here .
Here is the other side of the hypothetical ..
If this said information .. divulged . caused you loss . embarrassment .. or some other tangible liability.. i am sure you could sue .. but then all your personal information would become public knowledge .. and any damage the original breach of privatise may have caused would be negligible . and the case would be thrown out .. As for bring the person before one of there governing ethics boards . That my bring you some satisfaction .. but your privet info would once again .not be so privet ..
Now if the SP that received the info on you is using it in some way against you to liable you or purposely cause you distress Then you may have to sue her .. and then that is going to bring every body's life in to the public domain.. Just hope you can get enough money out of her to make it all worth wile.
Now we are not in the US .. where i am sure you could find a lawyer to take the case . pro bono..Yes a pun is intended
Here is the other side of the hypothetical ..
If this said information .. divulged . caused you loss . embarrassment .. or some other tangible liability.. i am sure you could sue .. but then all your personal information would become public knowledge .. and any damage the original breach of privatise may have caused would be negligible . and the case would be thrown out .. As for bring the person before one of there governing ethics boards . That my bring you some satisfaction .. but your privet info would once again .not be so privet ..
Now if the SP that received the info on you is using it in some way against you to liable you or purposely cause you distress Then you may have to sue her .. and then that is going to bring every body's life in to the public domain.. Just hope you can get enough money out of her to make it all worth wile.
Now we are not in the US .. where i am sure you could find a lawyer to take the case . pro bono..Yes a pun is intended
You want to stop him? That's easy.tess said:
After he leaves a session with you, call the cops and press charges of assault/rape. Say you never agreed to accepting money for sex, that you only do massage. Say he started touching you when you did not want it. Cops will initially take your side and press charges. Once charges are pressed, go to his professional association and let them know he has sexual charges against him. Whether there is a conviction or not is of no consequence, as charges are probably enough to get him suspended or barred from his profession. Lastly, you'll just have to go to court and testify, but even if you lied, they'd never find out. His career would probably be toast by that point.
This is how many women take advantage of the legal system that is heavily skewed in their favor when it comes to sex related crimes and marriage/divorce actions. It works.
