Confidentiality Flashcards
What does the attorney client privilege protect?
Only confidential communications between the attorney and client (or the agents of either of them).
Applies only to disclosures in proceedings.
Applies even in consultation with prospective clients.
What does the attorney’s ethical duties of confidentiality cover?
covers not only confidential communications, but also any other information that the attorney obtains relating to the representation of the client, from any source.
Applies to disclosures in any setting (very broad)
definition of “confidential information” under the ethical duty of confidentiality
All information relating to the representation.
True or False: The ethical duty of confidentiality The duty isn’t limited to communications between the lawyer and client, and the information must relate to the representation
True
True or False: There is never a requirement that the client ask to keep information private in order to protect information relating to the representation.
True
What duty applies to discussions with someone who comes in to talk about hiring the lawyer but decides not to do so?
Both duty of attorney-client priv (communication) and confidentiality.
True or False: The duties of confidentiality and attorney client privilege end when client dies.
False - Both the attorney-client privilege and the duty of confidentiality survive termination of the representation, and even the client’s death.
Does the attorney client privilege apply to witnesses of the client?
No - The attorney-client privilege applies only to communications between the lawyer and client (and their respective agents). It wouldn’t cover this witness’s conversation with your client.
What is the standard for the attorney client privilege?
To be covered by the attorney-client privilege, a communication must be “confidential”; it must have been made by a means not intended to disclose the communicated information to outsiders, and the communicating person must reasonably believe that no one except a privileged person will hear the contents of the statement.
Privileged? if a lawyer and a client had a discussion in a crowded courtroom
No
Privileged? Eavesdropper listens to a conversation attorney and client believe is private.
Yes
Is the identify of the client usually privileged?
No
Is the fee arrangement privileged?
No
Does the attorney-client privilege aapply if the client is seeking the attorney’s services to engage in or assist a future crime or fraud.
No
Does the attorney client privilege cover pre-existing documents or items from discovery just by giving it to the lawyer?
No
If a person sends an email to the lawyer and then sends it to a friend, why duties apply?
Attorney client privilege are destroyed but the attorney still has a duty of confidentiality.
calls his lawyer, Vanessa, and tells her that he killed his friend the previous night and he buried the body in his backyard. Vanessa calls the authorities and passes on the information. Is lawyer subject to Discipline?
Yes no exception applies. The closest exception is the “prevention of reasonably certain death or substantial bodily harm” exception, but here the friend is already dead. Consequently, Vanessa is subject to discipline for disclosing the information.
True or False: A lawyer may not reveal the client’s confidential information to the extent necessary to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial financial harm to someone, if the client is using or has used the lawyer’s services in the matter.
False
True or False: There is no exception to the duty of confidentiality for preventing a client’s crimes or frauds in general.
True - certain other exceptions apply.
When a lawyer changes firms, when two firms merge, or when a law practice is being purchased, lawyers may disclose what information?
(e. g., client names and a brief summary of the general issues involved) in order to detect and resolve conflicts of interest, subject to the following conditions:
(i) the disclosure may be made only after substantive discussions regarding the new relationship have occurred;
(ii) the disclosure must be limited to the minimum necessary to detect any conflicts of interest;
(iii) the disclosed information must not compromise the attorney-client privilege or otherwise prejudice the clients; and
(iv) the disclosed information may be used only to the extent necessary to detect and resolve any conflicts of interest.
Attorney Client Rule
Prohibits a court or government tribunal from compelling the revelation of confidential communications between an attorney and client if the communication concerns the professional relationship between attorney and client.
When representing a corporation , what communication does the privilege cover?
Communication between the lawyer and high ranking corporate official.
When representing a corporation, are conversations with the corporation’s employee protected under the privilege?
Yes if all 3 are met:
- The employee is communicating at the direction of its superior
- The employee knows the purpose of the communication is to obtain legal advice for the corp.
- The communication concerns a subject within the scope of the employee’s duties for the corp.
When will the presence of a third party not destroy the attorney client relationship?
When the party is there to assist the client with the case.
Who is the holder of the attorney client privilege?
The client.
If the client has not waived the privilege and if someone tries to obtain privileged information when the client is not present, the lawyer ____ claim the privilege.
Must
