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Webinar: Confidentiality, Privilege & Releasing of Information after a Survivor’s Death

Policy event

Date: Sep 08, 2021

Time: 11:00 AM – 1:00 PM

Price: Free for members; $35/Non-members

The fundamental premise of confidentiality is that a survivor of violence should get to decide when information about them is shared. But, if a survivor is deceased, victim services providers have to determine whether, when, and how they should disclose information about their work with that survivor, including responding to law enforcement and subpoenas.

This webinar will be presented by Alicia Aiken, Attorney and Director of Confidentiality Institute and Arati Vasan, Senior Managing Attorney at Family Violence Appellate Project.

We will discuss:
1. The law regarding disclosure of privileged and confidential information after a person’s death;
2. Best practices for handling requests for the information of a deceased survivor; and
3. Strategies for navigating relationships with law enforcement, prosecutors, and family members who may demand the information.

Presenter(s):

Alicia Aiken
Alicia Aiken has dedicated 25 years to working within the public and non-profit sectors to further social justice for people living in poverty and surviving violence. Alicia brings a deep understanding of the legal and social services non-profit sector, having spent 15 years as a trial attorney and then a member of the Executive Committee at Legal Aid Chicago, a 150-person legal services program. Alicia is a Principal at the Danu Center for Strategic Advocacy, and the Director of the Danu Center’s Confidentiality Institute, a national policy and technical assistance project that supports helping professionals to protect privacy for crime victims. Alicia is also the Faculty Fellow for Practising Law Institute’s Interactive Learning Center where she designs innovative programs that teach lawyers to work well with individual clients, and hosts the podcast Pursuing Justice: The Pro Bono Files which tell stories about the work of non-profit and pro bono attorneys nationwide. Alicia regularly strategizes with direct service non-profits, local coalitions, government entities, law firms, and professional organizations on a wide range of issues, including service delivery models, client confidentiality, organizational structure, internal procedures, legal compliance, litigation strategy, policy advocacy, professional development, and distance learning design. Alicia attended the University of Michigan, where she received a Law degree (’95) and a Bachelor of Arts in English/History (’92). In 2006-2007, Alicia was awarded the Chicago Foundation for Women Founder’s Award, enabling her to study organizational change at Northwestern University, and to undertake a national study of model domestic violence courts. Most recently, she received the American Bar Association’s 2018 Sharon L. Corbitt Award for Exemplary Legal Service to Victims of Domestic Violence, Sexual Assault and Stalking. To get in touch with Alicia Aiken and Danu Center’s Confidentiality Institute, contact us via www.confidentialityinstitute.org or www.danucenter.org

Arati Vasan
Arati Vasan is a Senior Managing Attorney at Family Violence Appellate Project (FVAP), where she manages the training, technical assistance and law student programs, and represents clients on appeal. She has been attorney for survivors of domestic violence, sexual assault and stalking since 2009. Prior to joining FVAP Arati led the Domestic Violence Family Law Project at Asian Pacific Islander Legal Outreach (APILO). Her work focused on trauma-specific client representation, cultural responsiveness and language access services for survivors. Arati co-chaired the San Francisco Domestic Violence Consortium for three years. As a member of the SFPD Language Access Working Group, Arati helped develop protocols and training to improve law enforcement interactions with survivors and to improve protections for survivors who were cross-reported to CPS. Arati is a volunteer with Narika, a domestic violence agency for South Asian survivors. She received her Domestic Violence Counselor certification through Asian Women’s Shelter in 2009. Prior to APILO, Arati had her own family law practice and volunteered at Bay Area Legal Aid. Arati is a graduate of the University of Minnesota School of Law.

Questions? Please contact Christine Smith, christine@cpedv.org

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