confidentiality and privilage

Question 1

what is the base line rule when it comes to confidentiality?

Answer 1

all information learned relating to the represenation must be kept in confidece

Question 2

can you reveal confidential info that is public info

Answer 2

no

Question 3

can you reveal confienential info about your client’s identity?

Answer 3

no

Question 4

which is broder – the duty of confidentialty or ACP

Answer 4

Duty of confidentiality

Question 5

what does the acp shield

Answer 5

info from the court

Question 6

when does the acp apply (three)

Answer 6

1. testimonial communication (words)
2. info given confidentially to attorney AND
3. info actually kept confidential

Question 7

what does presence of a third party do the acp

Answer 7

may destroy privilege under the confidentiality aspect

Question 8

when is there no waiver of the acp, even via accidental disclosure of info (two things needed)

Answer 8

1. the atty took reasonable steps to prevent disclosure AND
2. atty took reasonable corrective steps after disclosure

Question 9

what are the exceptions to the acp

Answer 9

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)

Question 10

what is the work product doctrine

Answer 10

protects doucments prepared for use in connection with a client’s case

Question 11

what is the basic rule of work product and acp

Answer 11

work product is not subject to discovery

Question 12

what is the exception to the work product doctrine(ie when is an atty compelled to reveal work product

Answer 12

when there is a substantial need for the info AND no other means to gather the info without undue hardship

Question 13

is a court allowed to order a laywer to reveal info protected by the acp? what about material protected under confidentialty

Answer 13

no to acp, the court may order as to confidentiality

Question 14

when a court orders an atty to reveal confiendital info, what should the lawyer do before revealing that info

Answer 14

assert every non-friviouls claim you have to prevetn disclosure

Question 15

what are the seven scenarios where an attory may reveal confidential info

Answer 15

1. the client consents
2. its implied by the rep
3. to prevent death or substantial bodily injury
4. financial injury
5. controversies with lawyers or disciplinary proceedings
6. court ordered disclosure
7. necessary to discover conflicts

Question 16

in terms of revealing confidential info (may) to prevent financial injury, what is needed? (three)

Answer 16

1. to prevent the client’s FUTURE crim act or fraud;
2. the lawyer must believe it necessary to PREVENT substantial financial harm
3. for which the lawyers SERVICES WERE USED

Question 17

in terms of revealing confidential info (may) to prevent, mitigate, or rectify financial harm, what is needed? (three)

Answer 17

1. substantial financial harm
2. caused by the client’s COMPLETED criminal act or fraud;
3. in which the lawyers SERVICES WERE USED

Question 18

when disclosing confidential info to prevent physical harm, what is needed/or not needed

Answer 18

the use of the lawyers services are not needed to disclose this info

Question 19

when disclosing confidential info to prevent financial harm, what is needed

Answer 19

the use of lawyers services are needed to disclose this info

Question 20

how long does the duty of confidentiality last

Answer 20

forever, it outlasts the death of the client and the lawyer

Question 21

what is the law professor exception to the duty of confidentiality

Answer 21

may disclose for edu purposes, so long as the client’s identity is not revealed and the listener cant determine who the client is

Question 22

in terms of prospective clients, when should info be held in confidence

Answer 22

if the lawyer invited the communication