Duty of Confidentiality

Question 1

What information must a lawyer never disclose and keep confidential?

Answer 1

Attorney client privileged communications

Any information gained from rep that client requested be kept confidential OR disclosure of info would be detrimental or embarrassing to client

Question 2

Does lawyer have to take measures to prevent unauthorized access under this rule?

Answer 2

Yes to prevent inadvertent disclosure

Question 3

Does duty of confidentiality apply to consultations where lawyer isn’t hired?

Answer 3

Yes

Question 4

Does the duty of confidentiality last after relationship ends?

Answer 4

Continues indefinitely, even after client dies

Question 5

Can duty of confidentiality be broken to prevent a crime?

Answer 5

Yes if crime would result in death or substantial bodily harm or substantial harm to financial inter eye or property of another

Question 6

Can confidentiality be broken to report another attorney’s misconduct? What, if any, consent is needed?

Answer 6

Yes with clients consent

Question 7

What are the permissive exception to confidentiality?

Answer 7

Consent or implied authority (talking to other lawyers in firm or about a patent to the patent office)

Prevent death or bodily harm (maybe suicide)

Reveal fraud of client

Defend self against malpractice claim or civil/criminal case

Lawyer preparing for own death/incapacity

Book keeping or office management

Comply with a court order