confidentiality Flashcards
general duty of confidentiality
what is protected?
VA EV privilege
if revealing would embarrass client
if client expressly requests for it to stay hidden
evidentiary privilege
client and prospective client communications to atty are privileged
exceptions to evidentiary privilege
client waiver
future crimes or fraud
how does privilege work when repping multiple clients?
each holds a privilege
can be asserted against TP
cant prevent each other from testifying
who is the duty owed to for orgs?
comms from agents privileged if:
info is treated as confidential w/n org
communicated to atty so she can rep org
confidentiality and gov agencies
balance it with public interest
what if a statement is made from an agent of the atty
treat as if made by atty
extent of the duty of confidentiality
reasonable efforts to prevent disclosures
cyber security
how are inadvertent disclosures handled
if atty receives inadvertent disclosure:
(1) immediately stop looking at it
(2) promptly notify sender
(3) follow sender instructions
exceptions to confidentiality
permitted disclosures
client consent
implied authorization
establish claim if suit b/w atty and client
info to establish client has committed fraud during representation
mandatory disclosures
client intent to commit crime reasonably certain to result in serious bodily harm or substantial $ damage
what must you do before you disclosure mandatory disclosure
advise client of consequences
urge them not to do it
tell them you have to reveal the info
