IV. Privilege and Confidentiality p. 37 Flashcards
Exam Tip: Understand the difference between the duty of confidentiality and the evidentiary attorney-client privilege.
Remember that only client-driven confidential communication is covered by the privilege. The duty of confidentiality also covers third party-driven communication, lawyer observation, and all information relating to the representation. !!
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The principle of client-lawyer confidentiality is given effect by related areas of the law:
(i) ?
(ii)
(iii)
(i) Attorney-Client Privilege
The principle of client-lawyer confidentiality is given effect by related areas of the law:
(i)
(ii) ?
(iii)
(ii) Work Product Doctrine
The principle of client-lawyer confidentiality is given effect by related areas of the law:
(i)
(ii)
(iii) ?
(iii) Ethical Duty of Confidentiality
______ ___ _______ and the _____ ______ _______ apply in judicial and other legal proceedings in which a lawyer may be called as a witness or otherwise required to produce evidence about a client.
Attorney-Client Privilege
Work Product Doctrine
The duty of ____ _____ ________ applies in situations other than those in which evidence is sought from the lawyer through legal compulsion. It applies not only to matters communicated in confidence by a client but also to all information relating to the representation of the client, from any source.
client-lawyer confidentiality
A lawyer may not disclose such information except as authorized or required by the Model Rules or by other law. A court cannot order the revelation of material subject to the _____ ________ privilege but may order the disclosure of information protected by the _____ ___ ________ that is not subject to that privilege.
attorney- client
duty of confidentiality
A _______ ________ is a statement (verbal, written, or nonverbal) made in confidence between a client and his lawyer for the purpose of obtaining or providing legal assistance for the client.
confidential communication
A confidential communication is a statement (_______, _______ or ________) made in confidence between a client and his lawyer for the purpose of obtaining or providing legal assistance for the client.
verbal
written
non-verbal
A confidential communication is _________ unless the privilege is waived or an exception to the privilege applies.
privileged
A _______ ________ is privileged unless the privilege is waived or an exception to the privilege applies.
confidential communication
The evidentiary _____ ____ _______ covers the client’s communication to a lawyer the client reasonably believes represents the client, and only when the circumstances indicate a desire by the client for confidentiality. This privilege applies in judicial and other proceedings in which a lawyer may be called as a witness or otherwise required to produce evidence concerning a client. MRPC 1.6 Comment 3.
attorney-client Privilege
The communication must be intended to be _________ to be _________.
confidential to be privileged
A communication made in the presence of a ___ _______ generally is not privileged.
Third party
A communication made in the presence of a third party generally is not privileged.
However, a communication overheard by a third party is privileged if the communication was made with the ________ _______ that it was being made in ________.
reasonable belief
confidence
A communication made in the presence of a third party generally is not privileged.
However, a communication overheard by a third party is privileged if the communication was made with the reasonable belief that it was being made in confidence.
In addition, the presence of, or communication by or through a representative of the client or the lawyer does not destroy the _____ _______ _______.
attorney-client privilege
A client may ______ the privilege directly or by disclosure of the information communicated.
The FRE address the effect that a litigation-related disclosure of protected information has on the wavier of the attorney-client privilege, drawing a distinction between an intentional disclosure and an unintentional disclosure. The rule applies to confidential communications as well as material protected by the work-product doctrine. FRE _______.
waive
502
A client may waive the privilege _________ or by _________ of the information communicated.
directly
disclosure
When made during a federal proceeding, the inadvertent disclosure of privileged communication or information does not waive the privilege if the holder of the privilege:
1. ?
2.
- Took reasonable steps to prevent disclosure
When made during a federal proceeding, the inadvertent disclosure of privileged communication or information does not waive the privilege if the holder of the privilege:
1.
2. ?
- Promptly took reasonable steps to rectify the error
When made during a _______ _________, the inadvertent disclosure of privileged communication or information does not waive the privilege if the holder of the privilege:
1. Took reasonable steps to prevent disclosure
2. Promptly took reasonable steps to rectify the error
federal proceeding
FRE 502(b). In determining whether the holder took reasonable steps to prevent disclosure, factors such as the _____ ___ _____ ___ __ _________, the time constraints for production, or the existence of an efficient records-management system may be relevant.
number of documents to be reviewed.
FRE 502(b). In determining whether the holder took reasonable steps to prevent disclosure, factors such as the number of documents to be reviewed, the ____ ______ for _______, or the existence of an efficient records-management system may be relevant.
time constraints for production
FRE 502(b). In determining whether the holder took reasonable steps to prevent disclosure, factors such as the number of documents to be reviewed, the time constraints for production, or the existence of an efficient ____ ______ _______ may be relevant.
records-management system
