Print Version
Previous PageFile uploaded: 10/9/2018

Rule15-720. Confidentiality.

(a) Confidentiality. Confidential Information relating to LPPLicensure shall not be disclosed other than as permitted by this article.Confidential Information includes but is not limited to all records, documents,reports, letters and sources whether or not from other agencies orassociations, relating to licensure and the examination and grading process.

(b) Disclosure of Confidential Information in licensure process.Nothing in this article limits disclosure of Confidential Information to theBoard and the Bar's employees, committees and their agents in connection withthe performance of and within the scope of their duties. The Bar is authorizedto disclose information relating to Applicants as follows:

(b)(1) records pertaining to an Applicantas authorized by the Applicant in writing for release to others;

(b)(2) the names of Applicants and thenames of Applicants who are eligible for LPP licensure; and

(b)(3) the Applicant?s exam results tothe paralegal program from which the Applicant graduated or completed study.

(c) Disclosure of Confidential Information to Applicant. AnApplicant and an Applicant's attorney are entitled to Confidential Informationdirectly related to the Applicant:

(c)(1) which is to be considered by theLPP Admission Committee in conjunction with a formal hearing in accordance withRule 15-708(c); and

(d) Privileged Information. Neither an Applicant nor anApplicant's attorney nor any person is entitled to Privileged Information.

(e) Communications relating to applications. Letters orinformation relating to an Applicant in which the writer requestsconfidentiality shall not be placed into evidence or otherwise made availableto the decision-making body or anyone else involved in a decision-making capacitywith respect to the admission of the Applicant. Such material will be destroyedby the admissions office. Any person having knowledge of the content of theinformation shall withdraw from participation in the matter, and if necessarypersons shall be appointed to replace those required to withdraw from thedecision-making process.

(f) Release of information. Except as otherwise authorized byorder of the Supreme Court, the Bar shall deny requests for ConfidentialInformation but may grant the request if made by one of the following entities:

(f)(1) an entity authorized toinvestigate the qualifications of persons for licensure as an LPP;

(f)(2) an agency or entity authorized toinvestigate the qualifications of persons for government employment; or

(f)(3) a lawyer or LPP disciplineenforcement agency.

(g) Release of Confidential Information. If the request forConfidential Information is granted, it shall be released only uponcertification by the requesting agency or entity that the Confidential Informationshall be used solely for authorized purposes. If one of the above-enumeratedentities requests Confidential Information, the Bar shall give written noticeto the Applicant that the Confidential Information will be disclosed within tencalendar days unless the Applicant obtains an order from the Supreme Courtrestraining such disclosure.

(h) Immunity from civil suits. Participants in proceedingsconducted under this article shall be entitled to the same protections forstatements made in the course of the proceedings as participants in judicialproceedings. The licensure-related committee members, the General Counsel andthe LPP admissions staff shall be immune from suit for any conduct committed inthe course of their official duties, including the investigatory stage. Thereis no immunity from civil suit for intentional misconduct.

(i) Persons providing information to theLPP admissions office or admissions or licensure-related committees. Everyperson or entity shall be immune from civil liability for providing, in goodfaith, documents, statements of opinion, records or other information regardingan Applicant or potential Applicant for LPP licensure to the admissions officeor to those members of the admissions or licensure related committees.

 

Effective November 1, 2018