Duty of Confidentiality, AC Privilege, Work Product Doctrine

Question 1

Define

Duty of Confidentiality (ABA)

Answer 1

A lawyer must not reveal info relating to representation of a client but MAY disclose if:
a. Client gives informed consent
b. Disclosure is impliedly authorized to represent the client; or other specific exceptions apply

Question 2

Duty of Condentiality Exceptions (ABA)

Answer 2

1. Lawyer reasonably believes the disclosure is necessary to prevent reasonably certain death or substantial bodily harm (by client or third party)
2. Lawyer reasonably believes disclosure is necessary to prevent the client from committing a crime/fraud that will result in substantial financial injury to the financial interests/property of another and the client has used/is using the lawyer’s services
3. To comply with a court order
4. To secure legal advice about lawyer’s compliance with ethics, or
5. To establish claim or defense against client (L v. C)

Question 3

Duty of Confidentiality (CA)

Answer 3

Lawyer must not reveal any confidential info unless a client gives informed consent or the lawyer reasonably believes the disclosure is necessary to prevent a criminal act that the lawyer reasonably believes is likely to result in the death of or substantial bodily harm to the individual

Question 4

Duty of Confidentiality: requirements for bodily harm exception (CA)

Answer 4

Lawyer must first:
1. make good-faith effort to dissaude client
2. inform client of lawyer’s ability to reveal info
3. only reveal as much info as necessary to prevent the crime

Question 5

Define

Attorney-Client Privilege

Answer 5

AC privilege is an evidentary privilege that allows a client to keep confidential all communications with his attorney, intended to be confidental, made for the purpose of seeking legal advice.

Question 6

When does the A-C end under the ABA and CA?

Answer 6

• ABA: privilege continues idefinitely
• CA: privilege continues until clisent’s estate is settled and personal rep discharged