Question: A former client just sued you for malpractice. Fortunately, you have malpractice insurance, so the costs of defending this legal action and any possible costs
According to your malpractice policy, you have a duty to "promptly notify" them about any actual or threatened lawsuit. Further, you must "fully assist" them in aggressively defending you in the lawsuit. The insurance company now has asked you to provide to them with all documents that relate to your professional engagement with this former client. You are concerned that some of these documents contain information that the former client considers to be confidential and, indeed, marked in bold red letters "HIGHLY CONFIDENTIAL." You certainly do not want to face another lawsuit from this same client for breaching your duty of confidentiality. What should you do?
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