Professional Ethics, Records Management, and Confidentiality
Ethics, confidentiality, and records
Professional ethics require competence, independence, confidentiality, and avoidance of conflicts. Candidates should know when information is protected: legal privilege generally covers confidential attorney-client communications for legal advice, not ordinary business advice, and it can be waived by careless disclosure. Records management requires retention schedules, legal holds, secure storage, access controls, and defensible disposition. Personal data needs privacy safeguards, and confidentiality promises to employees or third parties must be accurate and consistent with policy. Escalate conflicts and ethics concerns promptly and document the resolution.
Traps
Common traps include treating all compliance files as privileged; keeping records indefinitely just in case; destroying documents under hold; promising absolute confidentiality; and mishandling personal data. Questions may test conflicts of interest and escalation.
Worked example
A manager asks whether to delete old emails after a regulator inquiry. Rule of thumb: when a hold or investigation exists, preserve; otherwise follow the retention schedule. Destruction under hold can be obstruction. If uncertain, preserve and escalate.