confidentiality and privilage Flashcards
what is the base line rule when it comes to confidentiality?
all information learned relating to the represenation must be kept in confidece
can you reveal confidential info that is public info
no
can you reveal confienential info about your client’s identity?
no
which is broder – the duty of confidentialty or ACP
Duty of confidentiality
what does the acp shield
info from the court
when does the acp apply (three)
- testimonial communication (words)
- info given confidentially to attorney AND
- info actually kept confidential
what does presence of a third party do the acp
may destroy privilege under the confidentiality aspect
when is there no waiver of the acp, even via accidental disclosure of info (two things needed)
- the atty took reasonable steps to prevent disclosure AND
- atty took reasonable corrective steps after disclosure
what are the exceptions to the acp
crime – an atty cant particpate in an ONGOING crime
a dispute with the attoreny (ie must be a legal dispute not a casual one like on a review or message board)
what is the work product doctrine
protects doucments prepared for use in connection with a client’s case
what is the basic rule of work product and acp
work product is not subject to discovery
what is the exception to the work product doctrine(ie when is an atty compelled to reveal work product
when there is a substantial need for the info AND no other means to gather the info without undue hardship
is a court allowed to order a laywer to reveal info protected by the acp? what about material protected under confidentialty
no to acp, the court may order as to confidentiality
when a court orders an atty to reveal confiendital info, what should the lawyer do before revealing that info
assert every non-friviouls claim you have to prevetn disclosure
what are the seven scenarios where an attory may reveal confidential info
- the client consents
- its implied by the rep
- to prevent death or substantial bodily injury
- financial injury
- controversies with lawyers or disciplinary proceedings
- court ordered disclosure
- necessary to discover conflicts
in terms of revealing confidential info (may) to prevent financial injury, what is needed? (three)
- to prevent the client’s FUTURE crim act or fraud;
- the lawyer must believe it necessary to PREVENT substantial financial harm
- for which the lawyers SERVICES WERE USED
in terms of revealing confidential info (may) to prevent, mitigate, or rectify financial harm, what is needed? (three)
- substantial financial harm
- caused by the client’s COMPLETED criminal act or fraud;
- in which the lawyers SERVICES WERE USED
when disclosing confidential info to prevent physical harm, what is needed/or not needed
the use of the lawyers services are not needed to disclose this info
when disclosing confidential info to prevent financial harm, what is needed
the use of lawyers services are needed to disclose this info
how long does the duty of confidentiality last
forever, it outlasts the death of the client and the lawyer
what is the law professor exception to the duty of confidentiality
may disclose for edu purposes, so long as the client’s identity is not revealed and the listener cant determine who the client is
in terms of prospective clients, when should info be held in confidence
if the lawyer invited the communication
