Confidentiality

Question 1

Confidentiality (3)

Answer 1

L must not reveal any info relating to representation of a C or using confidential info to the disadvantage of a client (former, current or prospective included)

Confidentiality is not destroyed EVEN IF another person knows—it must be generally known to destroy duty of confidentiality.

Use of adverse confidential info reqs informed consent confirmed in writing.

Question 2

A/C Privilege

Answer 2

Exclusionary rule of evidence that prevents
government from compelling disclosure of privileged communications

Question 3

A/C Privilege - Corporate Client

Answer 3

Covers comms between L and high-ranking corporate official

H/E may cover comms between L and another employee if:
1. Directed E communicates at direction of supervisor
2. Knowledge of Purpose E knows the purpose is to get legal advice for the corp
3. W/in Scope of Duty concerns a subject w/in scope of E’s duties to act for corp

Question 4

A/C Privilege - Communication

Answer 4

Does not cover identity unless disclosing is tantamount to disclosing privileged comm
Preexisting docs are not privileged

Question 5

A/C Privilege - What makes comm’n “Confidential”?

Answer 5

Comm’n made by means not intended to disclose communicated info to outsiders

Question 6

A/C Privilege - 3Ps Confidentiality (2)

Answer 6

3P will not destroy confidentiality if:
- 3Ps present to aid the A/C relax
- Eavesdroppers

Question 7

A/C Privilege - Exceptions (4)

Answer 7

• Seeks services to engage/assist in future crime/fraud
• Relevant to issue of breach AOO A/C relax
• Civil litigation arising b/t formerly joint clients
• Asked about C’s competency/intent as relates to will/inter vivos transfer

Question 8

Work Product Doctrine (3)

Answer 8

Materials prepped by L in anticipation of litigation is immune from discovery

UNLESS
show of substantial need and inability to gather material w/o undue hardship

H/E
L’s mental impressions are always immune unless waived

Question 9

Confidentiality Exceptions (7)

Answer 9

• consent. Informed consent and implied authority
• self-protection. dispute re A’s conduct
• advice. disclosure for legal ethics advice
• req’d. disclosure req’d by law/court order
• save someone. disclosure to prevent death or SBH
• $ harm. disclosure to prevent/mitigate subst’l financial harm (if C used L’s services in the matter)
• COI. disclosure to detect and resolve COI

Question 10

Confidentiality - Firm Merger Exception

Answer 10

L may disclose limited C information (e.g. names, brief summary of issues) to detect/resolve COI
- Only after substantive discussions
- disclosure limited to min necc’y to detect COI
- must not compromise A/C privilege or prejudice C
- use limited only to extent necc’y to detect/resolve COI

Question 11

Confidentiality - Firm Merger Exception

Answer 11

L may disclose limited C information (e.g. names, brief summary of issues) to detect/resolve COI
- Only after substantive discussions
- disclosure limited to min necc’y to detect COI
- must not compromise A/C privilege or prejudice C
- use limited only to extent necc’y to detect/resolve COI