Privilege and Confidentiality Flashcards
When does the lawyer-client privilege apply?
in judicial and other legal proceedings in which a lawyer may be called as a witness or otherwise asked to provide evidence relating to client.
Who asserts the lawyer client privilege?
The client holds the privilege and the lawyeer must assert the privilege on his clients behalf?
How long does the Lawyer client priv last under the Model Rules?
Under the Model rules, the privilege is indefinite and survives the client’s death.
How long does the lawyer client priv. last under the CA rules?
Under CA rules, the lawyer client privilege terminates when the client’s estate is settle and the personal rep is discharged.
What are the exceptions to the lawyer/ client privilege under the Model Rules?
- Future Crimes or Fraud: no privilege when a communication relies to a clients future crime or fraud.
What are the exceptions to the lawyer/ client privilege under California?
- applies to a future crime or fraud committed by anyone, not just the client.
- Death or Substantial Bodily Harm: no privilege applies if the lawyer reasonably believes that disclosure of any confidential communication relating to the rep of a client is necessary to prevent a criminal act.
What is work product?
material created by attorney in anticipation of lit.
Under Ca law, what is WP?
a writing that reflects a lawyer’s impressions, conclusions, opinions or legal research or theories. Not discoverable under any cir.
When is WP discoverable?
if the court determines that denial of discovery will unfairly prejudice party seeking discovery in preparing that party’s claim/defense or will result in an injustice.
What is the duty of confidentiality?
A lawyers prohibited from disclosing any info relating to the rear of a client unless the disclosure is authorized by the informed consent of the client or impliedly authorized in order to carry out the rep. LAWYER must take Reasonable steps to safeguard confidential info
Under the Model Rule, what is the exceptions to confidentiality?
The modern rule allows disclosure to prevent “reasonably certain” death or substantial bodily harm.
Under the CA rules what is the exceptions to confidentiality? Not required.
CA allows disclosure to reasonably believed necessary to prevent a criminal act that the lawyer reasonably believes will result ind eat or substantial bodily harm
Under CA rules what is the exceptions to confidentiality for “only disclosure”?
If the lawyer is preventing a criminal act reasonably believed to cause death or substantial bodily harm.
Under Model Rules when can an attorney reveal confidential information (re financial harm)?
An attorney may reveal confidential information if he reasonably believes it is necessary to prevent the client from committing a crime/fruad that will result in substantial injury to the financial interest/property of another and the client has used/ is using the attorney services.
Does a lawyer owe duty of confidentiality to a perspective client?
Yes, a lawyer owes a duty of confidentiality to a prospective client who discusses the possibility of hiring him/her and the lawyer cannot use or reveal information learned during a consul even if no attorney- client relationship is formed
