Atty Client Privilege

Question 1

Atty Client Privilege
Re: Pro Res v. Evidence Rules

Answer 1

The ethics duty of attorney client privilege is far broader than the evidentiary attorney client privilege.

Question 2

Atty Client Privilege
Re: Rule

Answer 2

The privilege attaches to the entire communication between the lawyer and his client, including preliminary consultations with a lawyer for the purpose of determining whether to hire the lawyer, regardless of whether the communication contains what would otherwise be unprivileged material.

Question 3

Atty Client Privilege
Re: Exceptions

Answer 3

No privilege attached when:

Where the lawyer’s services were sought to enable or assist the client to commit a crime or fraud.

If the lawyer reasonably believes that disclosure is necessary to prevent a criminal act that the lawyer reasonably believes is likely to result in the death of, or substantial bodily harm to, an individual.

Where an attorney has removed or altered evidence, the privilege does not bar revelation of the original location or condition of the evidence in question.

For communications relating to a deed, will, or other instrument of conveyance executed by the decedent, or other issues between parties claiming through a deceased client.