Confidentiality Rule

Question 1

FixConfidentiality RUle

Answer 1

1.6

Question 2

Purpose of confidentiality rule

Answer 2

So clients speak candidly with attorneys

Question 3

Policy behind confidentiality rule

Answer 3

1. legal sources of confidentiality
2. ethics rules
   agency priveleges
3. agency priveleges
4. evidence law

Question 4

Attorney client privelege covered by 1.6 regardless of

Answer 4

source of informaiton

Question 5

Cant break attorney client privelege unless:

Answer 5

1. Client gives informed consent
2. Disclosure impliedly authorized to complete representation
3. Disclosure covered by exemption under 1.6(E)

Question 6

consequences for vioaling confidentiality

Answer 6

i. Professional discipline
ii. Disqualification
iii. Injunction
iv. Civil Liability
v. Fee Forfeiture
1. Even if damages aren’t established: Breach of fiduciary duty
vi. Damages clients
vii. Damages lawyers reputation

Question 7

1.6E discretion to sucrose is

Answer 7

NOT mandatory.

Question 8

Two steps to get to 1.63 exemptions

Answer 8

1. try to persuade client to take action that would obviate the need for disclosure
2. if that fails, disclosure should not be greater than lawyer reaosnably believes necessary to accomplish this purpose

Question 9

application of exemptions 1.6b1

Answer 9

1. To protect reasonably certain death or substantial bodily harm.
2. 1.6b2 Disclosure to comply with other laws

Question 10

Levels of ethical decision making

Answer 10

i. Is it legal
ii. Ethical under model of conduct?
iii. How does it make you feel?

Question 11

Steps to take before violating rule

Answer 11

1. Study rule and conduct through research
2. Consider consequences to all
3. Seek pro. assistance

Question 12

1.6 b 4 exception for

Answer 12

EXCEPTIon for disclosure to get legal advice about compliance

Question 13

1.6 b 2-3

Answer 13

SOX rules, for crimes that inflict financial injury.

Question 14

Exceptions: discretion to disclose when: financial

Answer 14

i. There is a reasonable certainty that the client’s conduct will result in substantial financial injury or substantial injury to another’s property
ii. The client is using or has used the lawyer’s services AND
iii. The purpose of revealing the confidence is to prevent the criminal/fraudulent act OR prevent, mitigate, rectify the resulting harm

Question 15

If client comes after the crime:

Answer 15

Don’t fall within exception, must be within time when services were used.

Question 16

Other rules for financial crimes & fraud

Answer 16

1. 2- Cant assist in criminal conduct

1. 16 Required to withdrawal from some cases (raises flag)

Question 17

Rules apply to… and not to..

Answer 17

Apply to inidviduals, not firms.

Question 18

4.1 in the course of rep of a client a lawyer shall not

Answer 18

knowingly:

i. Make a false statement of material fact of law to a third person; or
ii. Fail to disclose a material fact when disclosure is necessary to avoid assisting in a criminal or fraudulent act by the client,

Question 19

Exception to 4.1

Answer 19

Establish a defense for lawyer (1.6 b 5), comply with other law or court order, resolve/prevent conflicts of interest in new employment (as long as it doesnt compromsie AC priv or prejudice client).

Question 20

Don’t use client info to benefit yourself wiyhout

Answer 20

informed consent