Duty of Confidentiality Flashcards
In Virginia, the scope of the duty of confidentially includes
1) Things covered by AC privilege
2) Things that would constitute embarrassing or detrimental to the client if revealed, or things that the client has expressly requested to be held in confidence
The AC privilege protects
Communications made to someone who is being consulted as a lawyer and made with confidentiality
An eavesdropper does not destroy the AC priviliege if
The client exercises reasonable care to avoid being overheard.
If Multiple prospective clients meet with lawyer collectively then
There is no confidentiality among the clients themselves because their collective communication indicates an absence of the desire within the confidentiality within the group
The AC privilege only protects the client’s confidential communication with the lawyer not
the client’s knowledge of what is being communicated
If a lawyer comes into the possession of physical evidence by a client then
The lawyer is obligated to turn it over, because it is not a confidential statement protected by AC
A Lawyer’s observations that result form the client’s protected communications are
privileged, but lawyer still cannot hide or mess with evidence
The ____ holds the AC privilege and can waive it
Client
Communications that further future crimes or frauds are
Not covered by the privilege via the Crime -Fraud exception
The Duty of confidentiality is owed to
Former, current, and prospective clinets
An unsolicited electronic communication from a prospective client may
give rise to the AC privilege depending on what is said on the lawyers website. Argue both ways if this comes up on exam
When an org is a client, communications from agents of that org are protected by the AC privilege if
1) the information is treated as confidential within the org; and
2) is communicated to the lawyer so that he can represent the org effectively
Communications with a lawyers agent
does not destroy AC privilege
A lawyer may reveal client information, to the extent the lawyer believes necessary to
1)comply with court order or law
2)Establish a claim or defense in a controversy between the lawyer and client
3) information that clearly establishes that the client has, in the course or representation perpetrated a fraud on a 3rd party
A lawyer must reveal confidential information of
1) When The client states he will commit a crime reasonably certain to cause substantial physical or economic harm. and the client does not abandon the intent after the lawyer informs him he has to tell the court if he does not abandon his intent.
2) Serious misconduct of another lawyer, but first must obtain client consent
