Confidentiality and Privilege

Question 1

Unless the client consents or some exception applies, a lawyer must not reveal the following information:

Answer 1

(1) Information protected by the attorney-client privilege
(2) Any other information gained in the professional relationship, from any source, if (1) the client has requested that it be held inviolate OR (2) disclosing it would be embarrassing or detrimental to the client

Question 2

What is the scope of confidentiality timing-wise?

Answer 2

Applies to information gained during consultations with prospective clients, even if not hired, and continues to apply even after relationship has ended and even after client dies

Question 3

When must a lawyer disclose a client’s confidential information (only to the extent reasonably necessary)

Answer 3

(1) Must reveal stated intention of client to commit a crime, as well as information necssary to prevent crime, where the crime is reasonably certain to result in death or substantial bodily harm to another or substantial injury to the financial interests or property of another
(2) When a lawyer learns that another attorney is committing professional misconduct, must report
* When information is protected by dut of confidentiality, must obtain client’s consent after consultation first

Question 4

When may a lawyer disclose confidential information?

Answer 4

(1) If the client gives informed consent or if disclosure is impliedly authorized
(2) To prevent reasonably certain death or substantial bodily harm
* Distinguish from mandatory disclosure–here, perhaps no crime involved, crime already took place, or perpetrator not client

(3) Information to establish that the client has, in the course of the representation, perpetrated a fraud on a third party relating to the representation
(4) Defend themself or establish claim against client
(5) Comply with court order or law (candor v. confidences)