II. Duty of Confidentiality to Your Client

Question 1

A. General Rule: Duty of confidentiality

Answer 1

ACP and any info that would harm or embarrass

Question 2

B. ACP is destroyed when…

Answer 2

revealed to non-essential persons who are not party to the privileged relationship

Question 3

B. Corporate AC privilege follows…

Answer 3

the Upjohn rule.

covers communications between Atty and high ranking corporate officers.

It covers communications from other employees if they are (1) within the scope of his duties, (2) provided at the direction of his superiors, and (3) the employees knows they are made to help the corporation obtain legal advice.

Question 4

C. Timing - duty lasts:

Answer 4

a prospective client gives you for the purpose of forming a legal relationship until the relationship has ended, even after the client’s death.

Question 5

D. Exceptions. There are 5 major exceptions…

Answer 5

(1) client consent (2) defending yourself (3) running your office (4) preventing harm (5) if compelled by law/court/duty

Question 6

D. Exceptions. (4) preventing harm…

Answer 6

You must promptly reveal your client’s intention to commit a crime that is reasonably certain to result in (1) death or (2) substantial injury to another’s body, finances or property.

Question 7

What should a lawyer do if he discovers that his client intends to commit a crime?

Answer 7

Advise him of consequences
Urge him not to
Warn him you must reveal
Withdraw if possible
Reveal promptly

Question 8

What should a lawyer do if he discovers that his client perpetrated a fraud upon a tribunal?

Answer 8

(1) Ask the client to inform the tribunal of the fraud, and (2) If he does not, promptly reveal the information

Note: if it relates to the subject matter of representation