Confidential Information

Question 1

Duty To Maintain Confidences

Answer 1

Applies to all information relating to representation of client.

Question 2

Special problems Involving Duty of Confidentiality: Documents

Answer 2

Documents made prior to relationship are probably not protected.

Documents made during litigation, or made for attorney are confidential.

Question 3

Special problems Involving Duty of Confidentiality: Crime Exception

Answer 3

Client seeking ADVICE TO COMMIT A CRIME: no privilege/no duty of confidentiality.

During course of representation client commits crime of fraud: Attorney must not disclose = past crime.

Client Tells Attorney Of Intent to Commit Crime: Attorney may disclose, if Attorney chooses to disclose must disclose only: information necessary to evidence client’s intention/prevent the crime.

Question 4

Disclosure to Prevent Bodily Injury

Answer 4

Regardless of whether conduct might constitute crime ATTORNEY MAY disclose information to PREVENT CERTAIN DEATH OR SUBSTANTIAL BODILY HARM

Question 5

Disclose for Self Defense

Answer 5

Attorney may reveal information relating to representation defend claim based on misrepresentation

Question 6

Duty to Report Child Abuse

Answer 6

Attorney who has reasonable cause to believe that any child with whom Attorney comes into contact has suffered abuse. Attorney must immediately report.

Question 7

Exception to Duty to Report Child Abuse

Answer 7

Does not extend to information protected by attorney client privilege NOR to information learned during representation where disclosure would be detrimental to client.