client confidentiality Flashcards
true or false: confidentiality protects prospective clients and lasts after the termination of the relationship
True
true or false: attorney client privilege doesn’t apply when the client confesses to a crime
FALSE, unless they tel you they will commit a FUTURE crime and indeed carry it out
true or false: attorney client privilege applies to communications between the attorney and the client’s agents
true
true or false: speaking in hypotheticals to get advise without revealing who the client is does not violate the duty of confidentiality
true ONLY if they cannot reasonably identify the person
when is disclosure of information implied?
you can tell buyer info about seller’s business
you can talk to other lawyers at your firm
unless client prohibited it
true or false: if client tells you she just killed her boss and buried the body, you can reveal that info wihtout violating confidentiality
FALSE: you can reveal if the it necessary to PREVENT death or substantial bodily harm
true or false: you can always disclose information to prevent financial injury
FALSE, you can only disclose if they used your services in furtherance of the crime or fraud
you can disclose past crimes to rectify financial injury
true or false: you can disclose information to defend yourself
true, you can also disclose to obtain ethics advice
true or false: you can disclose information to detect or resolve conflicts of interest due to change in ownership of law firm
true, but disclosure limited to what is necessary to determine COI
checking COI within a firm is generally always ok
true or false: candor to court trumps duty of confidentiality
true