Pg 6

Question 1

What is attorney-client privilege?

Answer 1

Protection of the private communications between an attorney and a client/agents from compelled disclosure

Question 2

When does attorney-client privilege apply?

Answer 2

In judicial or other proceedings when an attorney can be called as a witness or required to produce evidence about a client. Just when someone is trying to compel disclosure or evidence in a courtroom proceeding

Question 3

What is the purpose of the attorney client privilege?

Answer 3

Candid communication between the attorney and client

Question 4

If your client and his employee that does his books come to speak with you about the client’s finances, are the employee’s communications privileged under attorney-client privilege?

Answer 4

Yes because the employee is considered to be your client’s agent, so his comments are privileged

Question 5

Does the attorney client privilege apply to information that is revealed to the attorney by a third-party?

Answer 5

No, it only applies to attorneys and their clients and specific agents

Question 6

How does attorney client privilege apply to corporations?

Answer 6

Conversations that happen between high-level employees and the corporation’s attorney are privileged

Question 7

If an employee no longer works for a corporation, is he protected by attorney-client privilege?

Answer 7

No

Question 8

When are the times that attorney-client privilege can be invoked?

Answer 8

– When the client is asked a question at trial or at a deposition
– when an interrogatory asks about communication between an attorney and client
– attorney can bring protective order if concerned that discovery will seek privileged documents
– when an attorney uses a non-attorney assistant to prepare documents for trial, then attorney-client privilege applies to the assistant
– if defendant reveals confidential information to an attorney during initial interview, but then doesn’t hire the attorney to handle the matter

Question 9

Information or objects that are gotten by an attorney must’ve been communicated or delivered by who in order for attorney-client privilege to apply?

Answer 9

By the client, not gotten by the attorney from some other source

Question 10

If an attorney gets a murder weapon that was directly because of information from the client, is that protected under attorney-client privilege?

Answer 10

Yes. But if the evidence was gotten because of a third person, then communication is not privileged and the third-party can be questioned

Question 11

Is communication about a crime or fraud between the client and the attorney after it happened within the attorney-client privilege?

Answer 11

Yes

Question 12

What is the balancing process that applies to the attorney client privilege?

Answer 12

Attorney-client privilege must be weighed against the public interest in criminal investigation. Sometimes the public’s interest must yield to protect the individual

Question 13

Does attorney client privilege apply to a coroner’s hearing?

Answer 13

Yes, it is treated like trial court

Question 14

Is it possible for an attorney to permanently withhold evidence under the attorney client privilege?

Answer 14

No, attorneys cannot be depositories for criminal evidence like weapons that have little material value to aid the attorney in prepping the defense. These items can be held for a reasonable time, but the attorney must on his own motion turn them over to the prosecution. Attorney-client privilege is still preserved and prosecution takes extreme caution to ensure that the source of the evidence is not disclosed in front of the jury. This lets the prosecution get the evidence to serve the public interest, but the source of the evidence cannot be disclosed and thus it preserves attorney-client privilege.

Question 15

Can pure observation by defence counsel or an investigator that is the product of attorney-client privilege to be admitted into court?

Answer 15

No. This means that the attorney or his agent simply saw evidence, but did not alter it or remove it

Question 16

If the defence alters or removes physical evidence, is the prosecution permitted to make an observation about it?

Answer 16

Yes

Question 17

If Defendant tells his attorney where the victim’s wallet is, can the attorney’s investigator go and take the wallet?

Answer 17

No because it frustrates the police’s chance to discover it and precludes the prosecution from getting important information about its location. Because it was removed, the prosecution is allowed to present evidence to show its location

Question 18

If an attorney or his investigator receive information from their client about where evidence is, are they permitted to simply observe the evidence without touching it or removing it, thus keeping attorney-client privilege in tact?

Answer 18

Yes

Question 19

If an attorney chooses to remove evidence that he learned about through his client, does attorney client privilege apply?

Answer 19

No, if the attorney chooses to remove the evidence, that is a tactical choice, and then the original location and condition of the evidence lose their attorney-client protection

Question 20

Is an attorney permitted to make a disclosure to his or her investigator without waving attorney-client privilege?

Answer 20

As long as it is reasonably necessary to accomplish the purpose they were hired for

Question 21

Who all does the attorney-client privilege extend to?

Answer 21

The initial communication between the client and the attorney, and any information that the attorney or his agent later requires as a direct result of that communication

Question 22

What are the seven exceptions to the attorney client privilege?

Answer 22

1. Consent or implied authority
2. crimes to prevent future harm or to mitigate financial injury
3. self-defense for the attorney
4. when necessary to comply with a court order or law
5. attorney mobility
6. Photocopying
7. representing multiple parties

Question 23

Are the exceptions to the attorney client privilege mandatory or permissive?

Answer 23

They are permissive, there is no obligation to reveal the information. It is at the attorney’s discretion

Question 24

Example of when the nature of the representation would impliedly authorize an attorney to reveal it?

Answer 24

If the attorney was hired to write an environmental impact plan for a construction project, he must tell the government and the public some details about the project. So he is impliedly authorized to include those in the report

Question 25

Is it possible for an attorney to report child abuse if the parent no longer lives with the child and will not have the opportunity to abuse the child again?

Answer 25

No

Question 26

What is involved in the self-defence exception to the attorney client privilege?

Answer 26

An attorney can reveal the client’s confidential information to defend against a claim of legal malpractice or ineffective assistance of counsel or a charge that the attorney was involved in wrongdoing or to recover fees from the client

Question 27

What is involved in the attorney mobility exception to the attorney client privilege?

Answer 27

When an attorney joins a new firm, to avoid conflict of interest, he can reveal the identity of previous clients and limited information about what he did for them

Question 28

What is involved in the photocopying exception to the attorney client privilege?

Answer 28

If the other party requires copies of records, the attorney can select a trustworthy copying firm to do the work if: they make sure they preserve the confidentiality of the records, and they properly instruct on the need for confidentiality

Question 29

If an attorney hires a photocopying firm to photocopy documents, is it necessary that the attorney personally supervise the workers?

Answer 29

No

Question 30

What is involved in the representing multiple parties exception to the attorney client privilege?

Answer 30

If the attorney represents a partnership and one partner tells the attorney they did something wrong, the attorney can withdraw, but must still reveal what was said. Both partners had attorney-client privilege, so neither can clean it here