Client Confidentiality

Question 1

attorney-client privilege

Answer 1

Communications between lawyer and client are excluded from evidence. Can’t be compelled to say.

Question 2

Attorney C priv elements

Answer 2

1. Communication; 2 between priv. individuals; 3. made in confidence; 4, for the purpose of providing legal assistance.

Question 3

who is a pirivileged person

Answer 3

The lawyer, the client, the agents of the lawyer, the agents of the client

Question 4

What is in confidence

Answer 4

communciation that they reasonably believe to be only between them

Question 5

Exceptions to attorney-client

Answer 5

Crime-fraud exception; and lawyer client dispute

Question 6

Crime fraud excecption to attorney client priv

Answer 6

exception if: the client communicates with lawyer the purpose of committing or obtaining assitance in commiting crime or fraud; or the client uses the communication to commit or assist in commiting a crime or fruad, regardless of the clients intent

Question 7

Lawyer client dispute

Answer 7

The attorney client priv. does not apply here to resolve a dispute regarding payment that a lawyer reasonably alleges to be owned to them; to defend the lawyer against allegation made by anyone of misconduct

Question 8

Waiving Att. Client Priv When:

Answer 8

It is voluntary; disclaims the priv and another person reasonably relies on the disclaimer; fails to object properly

Question 9

Work-Product Doctrine

Answer 9

Attorney work product is protected form diswcovery

Question 10

What is work product

Answer 10

Documents; prepared in anticipation of litigation; by a lawyer

Question 11

Ordinary v. Opinion work product

Answer 11

Opinion is lawyers opinions and mental impressions; ordinary is regular work product

Question 12

Exceptions to work -product doctrine

Answer 12

Substantial need for materials that do not have undue hardship

Question 13

crime-fraud exception to work product doctrine

Answer 13

work product does not apply if: the client consults with the purpose of committing a crime; or the client uses the product to commit the crime

Question 14

Rule of confidentiality

Answer 14

any info relating to rep of the client regardless of the source

Question 15

Duty of confidentaility to propspective or former clients

Answer 15

Extends to them both

Question 16

What is the attorneys duty for the duty for confidentility

Answer 16

make reasonable efforts to prevent accidental disclosure