Duty of Confidentiality

Question 1

as a general rule when can lawyer reveal any info relating to rep

Answer 1

with informed consent or if impliedly authorized to carry out rep

Question 2

how is confidentiality different from attorney client privilege

Answer 2

ACP is an exclusionary rule of evidence

This is an ethical duty keeping lawyer from voluntarily revealing info relating to the rep – applies in every context

Question 3

what info is covered by confidentiality

Answer 3

literally all relating to the rep

Question 4

what info is covered by ACP

Answer 4

confidential info

Question 5

how does ACP relate to disclosure

Answer 5

ACP only covers disclosure - can’t disclose info without informed consent or an exception

Question 6

how does confidentiality relate to using info

Answer 6

confidentiality means you can’t disclose OR use the info to the disadvantage of a client, former client, prospective client without informed consent

Question 7

what are the two rules around ACP and corporate clients

Answer 7

privilege covers communications between lawyer and high ranking official AND employees if

1. the employee communicates with the lawyer at the direction of employee’s superior
2. employee knows the purpose of the communication is legal advice for the co.
3. communication concerns a subject within the scope of employee’s duties

Question 8

does ACP cover mechanical details

Answer 8

usually doesn’t cover stuff like identity of client ,fee, the fact that lawyer has been hired. but can be protected by ACP is tantamount to revealing a privileged communication

Question 9

what destroys ACP

Answer 9

presence of third party (unless it’s someone who is there to further the attorney client relationship)
if client talks about it, if attorney accidentally talks about i

Question 10

when does client waive privilege

Answer 10

if he reveals stuff or if he puts legal services at issue

Question 11

how long does ACP last

Answer 11

indefinitely

Question 12

what are the exceptions to ACP

Answer 12

1. if client seeks attorneys services to engage in or assist a future crime or fraud
2. if it’s about the client arguing the lawyer’s rep
3. if its between people who were previously joint clients
4. to clear up competency/intent for wills

Question 13

what is work product immunity

Answer 13

material prepped by lawyer for litigation is immune

Question 14

does third party presence destroy duty of confidentiality

Answer 14

no

only if the info becomes generally known

Question 15

what are the exceptions to duty of confidentiality

Answer 15

• informed consent
• implied authority
• MAY to prevent reasonably certain death or substantial bodily harm
• MAY to prevent or mitigate substantial financial harm if the client is using the lawyers services to do it
• MAY for dispute concerning attorneys conduct
• MAY to get legal ethics advice
• to detect conflicts of interest when changing firms
• if required by law/ court order

Question 16

how must a lawyer protect confidential info

Answer 16

must make reasonable efforts. reasonable is determined by sensitivity, cost of safeguards, difficulty of implementing