B. Privilege & Confidentiality Flashcards
1
Q
What type of information is considered confidential?
A
Gained during/relating to representation protected by attorney-client privilege
Likely to be embarrassing/detrimental to Client (if disclosed)
Client requested to be kept confidential
2
Q
What are Lawyer’s obligations in terms of client confidentiality?*
A
Maintain client confidence
Exercise reasonable care to prevent Lawyer’s employees/associates from disclosing info
NOT knowingly reveal/use info to;
- Harm Client
- Help Lawyer
- Help TP
3
Q
When may Lawyer disclose confidential info?*
A
Authorised by Client
Authorised impliedly to advance Client’s best interests + either;
- Reasonable under circumstances
- Customary in professional community
Prevent either;
- Reasonably certain death/substantial bodily harm
- Client committing crime
Withdraw opinion either;
- Based on false info which TP relies on
- Used to further crime/fraud
Secure legal advice re compliance with Rules
Defend Lawyer vs Client’s accusation of Lawyer’s wrongful conduct
Collect fees
