Duty to Protect Client Confidences Flashcards
Client Confidences Defined
Any information obtained as a result of the representation of a client that cannot be disclosed
Duty to Protect Client Confidences Exceptions (Rule 1.6(a))
(a) A lawyer may reveal information relating to the representation of a client to the extent they reasonably believe necessary
1) To prevent reasonably certain death or substantial bodily harm
2) To prevent the client from crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which they have used the lawyer’s services
3) To prevent, mitigate, or rectify substantial injury to the financial interests or property of another that is reasonably certain to result from crime or fraud, in furtherance of which used the lawyer’s services
4) To the extent necessary to obtain advice about complying with the rules of professional conduct
5) To the extent necessary to establish claims and defenses against the client in the relevant representation
RESTATEMENT: Only applies this exception once there are “charges that imminently threaten the lawyer . . . with serious consequences.”
6) To the extent necessary to comply with a court order or other law
Relevant Comments re: Rule 1.6
Comment 2: in the absence of informed consent, the lawyer must not reveal information relating to the representation
Comment 4: avoid sharing information that will lead to / allow someone to ascertain additional confidence
Comment 6: the substantial bodily harm must be imminent or present and a substantial threat that a person will suffer harm at a later date if the lawyer fails to take the necessary action to eliminate the threat
Attorney Client Privilege
1) Occurs between privileged persons
2) The client reasonably believes it is confidential
3) Its purpose is to seek or provide legal advice or services
Client Waivers of Privilege
- Disclosing privileged communication to a third party
- Authorized waiver by the client (informed consent): implied, explicit, or apparent authority to do so
Attorney Work Product Doctrine
Prepared by an attorney (their staff) or a client
In reasonable anticipation or preparation for litigation
