Duty of Confidentiality Flashcards
CRPC + CBPC Rules of Confidentiality
A lawyer may not reveal the confidences and secrets of a client without the client’s informed consent.
CRPC + CBPC Rules of Confidentiality
Re: Exceptions
A lawyer may (not required) reveal confidential information to the extent that the lawyer reasonably believes the disclosure is necessary to prevent a criminal act that he reasonably believes is likely to result in the death, or substantial bodily harm to, an individual.
BUT:
Can only reveal as much information as is necessary to prevent the crime.
CRPC is narrower than the Model Rules because CPRC contains no other express exceptions to the duty of confidentiality.
Duty of Confidentiality
Re: When does MR allow a lawyer to reveal information
the client has given informed consent;
the disclosure is impliedly authorized to carry out representation; or
the lawyer reasonably believes disclosure is necessary
Duty of Confidentiality
Re: When are the situations atty can disclose because they reasonably believe disclosure is necessary?
prevent reasonably certain death or substantial bodily harm;
prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests of another and in furtherance of which the client is using the lawyer’s services;
prevent, mitigate, or rectify substantial injury to the financial interests or property of another that is reasonably certain to result in or has resulted from the client’s commission of a crime or fraud in furtherance of which the client has used the lawyer’s services;
secure legal advice about the lawyer’s compliance with the Model Rules;
establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, establish a defense to a criminal charge or civil claim against the lawyer based on the client’s conduct; or respond in any proceeding concerning the lawyer’s representation of the client; or
comply with another law or a court order.
Duty of Confidentiality
Re: Confidences & Secrets (General)
Forerunner to ABA model rules originally laid out this concept of “confidences and secrets..” ABA model Rules do not use language of “confidence and secrets” but they maintain the importance of the Distinction and they are used in the CBPC.
Duty of Confidentiality
Re: Confidences & Secrets (Definition)
Confidences: anything covered by the evidentiary attorney client privilege, which is incorporated by reference into the ethical rules.
Secrets: Anything else that the client does not or would not want reveled. (This includes information that is not confidential and may be public). Secrets are covered by the ethical duty of confidentiality.
