confidentiality

Question 1

timing of duty of confidentiality

Answer 1

duty of confidentiality applies to all communications made by prospective clients before an attorney client relationship exists.

survives representation and death of client

Question 2

exceptions to duty of confidentiality

Answer 2

A lawyer may reveal confidential information relating to representation of a client after informed consent and to the extent a lawyer believes necessary

to prevent certain death or substantial bodily harm

to prevent a client from committing a crime or fraud that will cause significant financial injury in furtherance of which the client has used or is using the attorney’s services

to prevent, mitigate or rectify substantial financial injury after the client has already acted badly by using the lawyers services

To establish a claim or defense in a matter in which the client was involved- ie they didn’t pay you and you’re suing them

To secure legal ethics advice

to comply with law, court order, or other controlling ethical duty.

Question 3

Fruits/ instruments of a crime

Answer 3

A lawyer may not keep, hide or alter the fruits or instruments of a crime

Question 4

Duty to prevent perjury

Answer 4

An attorney must not knowingly assist a clients perjury

Question 5

What to do if you know or think a client will perjure themselves

Answer 5

1. Urge the client to tell the truth or rectify the perjury
2. if the client refuses withdraw from representation
3. if withdrawal is denied the attorney must disclose the perjury to the court.

Question 6

Statements that fall within the attorney client privilige

Answer 6

Any communication between the client and the attorney that the client intended to be confidential and made in an effort to obtain professional legal services or advice

An attorney is any individual a client reasonably believes is authorized to practice law in any state or nation

Representatives can be in place of either attorney or client

Question 7

attorney client privilige

Answer 7

an evidentiary privilege

Question 8

Corporate clients and attorney client privilege

Answer 8

attorney client privilige applies to communications between the lawyer and high ranking corporate executive and employees if the employee was directed to communicate with the attorney, the employee knows that the purpose of the communication is to obtain legal advice for corporation, and the communication concerns a matter within the scope of the employees duteis at the corporation.

Question 9

Mere witness

Answer 9

No corporate attorney client privilege exists when the employee statements were made as a mere witness

Question 10

Exceptions to attorney client privilege

Answer 10

1. communications made to further what the client knew or should have known were fraud
2. the communication relates to an alleged breach of duty between the lawyer and the client
3. the communication is offered by one joint client against another in a civil suit

Question 11

Competenancy or intent of a client

Answer 11

the communication is about the compentency or intent of a client who has attempted to dispose of her property by will or inter vivos trust

Question 12

Work product privilge

Answer 12

attorney work product is protected