L/C Relationship - Middle Chunk (4) Flashcards
Duty of Communication
A lawyer has a duty to communicate all substantial information regarding the representation of the client such as settlement offers, negotiations, and anything that requires consent.
In CA, a lawyer does not have to promptly communicate or notify the client if he reasonably believes that the communication will harm the client.
Scope of Representation
A lawyer-client relationship is formed when a person seeks legal services and the lawyer either manifests consent or fails to manifest a lack of consent and the lawyer knows or should reasonably know that the person would have relied on their services.
Allocation of Authority
The client sets the objectives of the legal representation while the lawyer handle the legal, tactical, and strategic means of achieving those objectives.
Duty of Confidentiality
A duty of confidentiality requires that a lawyer keep confidential all communications related to the representation.
In the ABA and CA, the lawyer may disclose confidential information if:
* (1) it is ordered by law,
* (2) defend a malpractice claim,
* (3) substantial risk of bodily or death,
* (4) client consents.
- In the ABA ONLY, a lawyer may additionally disclose if there is:
- (5) fraud to the client that will result in substantial financial injury and
- (6) ask ethical advice.
- In CA, if there is a substantial risk of bodily injury or death, the lawyer must first try to convince his client not to do the act and if the client doesn’t listen he will tell them that he is going to disclose the information to the authorities.
Lawyer should only reveal as much information as necessary to prevent the crime.
Attorney-Client Privilege
Attorney-client privilege is an evidentiary privilege that allows a client to keep confidential all communications with his attorney, intended to be confidential, made for the purposes of facilitating legal services.
The client can refuse to testify and prevent his attorney from testifying unless:
* (1) the lawyer’s services were used in furtherance to commit a crime or fraud,
* (2) relates to a dispute between the lawyer and client,
* (3) two or more parties consult in a matter of common interest and the communication is offered by one against another, AND
* (4) In CA only, if the lawyer reasonably believes that disclosure is necessary to prevent a crime likely to result death or substantial bodily harm.
Third-Party Disclosure/Waiving Privilege
The communication must be intended to be confidential. The presence of a third party may serve to waive the privilege, unless where necessary (like a translator).
In **CA only, the privilege holder is allowed to stop eavesdroppers and other wrongful interceptors from revealing confidential information.
