Privilege & Confidentiality Flashcards
A dispute between _____________________ (e.g., a malpractice allegation) or between _________ who are now ______________________ allows for the disclosure of confidential communications relevant to the dispute.
However, financial information is not relevant to such a dispute if the client never claims there was any issue with attorney’s fees or any other financial aspect of the case.
A dispute between an attorney and her client (e.g., a malpractice allegation) or between co-clients who are now adverse to each other allows for the disclosure of confidential communications relevant to the dispute.
However, financial information is not relevant to such a dispute if the client never claims there was any issue with attorney’s fees or any other financial aspect of the case.
An attorney ____ provide client confidences in response to ________________ unless ________________________ by the ________________, in which case the attorney ________________ unless ____________.
However, ________________ does not cover clients’ ________ unless disclosing them will ____________ their ____________________.
An attorney must provide client confidences in response to a grand jury subpoena unless the information may be protected by the attorney-client privilege, in which case the attorney must assert the privilege unless the client waives it.
However, the attorney-client privilege does not cover clients’ identities unless disclosing their identities will implicitly reveal their confidential communications.
The evidentiary attorney-client privilege covers ____________ to an attorney whom the client ________________ represents the client, and the circumstances indicate ____________________________.
Although the attorney does not need to give advice or agree to the representation for the privilege to exist, the communication ____ be for ____________________________ or ____________.
The evidentiary attorney-client privilege covers the client’s communication to an attorney whom the client reasonably believes represents the client, and the circumstances indicate a desire by the client for confidentiality.
Although the attorney does not need to give advice or agree to the representation for the privilege to exist, the communication must be for the purpose of seeking legal advice or representation.
Confidential information ____ be disclosed when “the disclosure is _______________ in order to ________________________________.”
There is no ___________________ when disclosure would ______________________.
Confidential information may be disclosed when “the disclosure is impliedly authorized in order to carry out the representation.”
There is no implied authorization when disclosure would likely prejudice the client.
A lawyer generally must not reveal information relating to the representation of a client without client consent.
However, a lawyer may disclose client confidences to __________ within ___________, but not ____________________; to seek _____________________ about how to comply ____________________; or for, ________________, to create a plan in advance of their _______________________.
A lawyer generally must not reveal information relating to the representation of a client without client consent.
However, a lawyer may disclose client confidences to other lawyers within the law firm, but not to lawyers outside the firm; to seek legal advice from another lawyer about how to comply with the ethics rules; or for sole practitioners to create a plan in advance of their death or incapacity.
The evidentiary attorney-client privilege may be asserted by ________________.
The evidentiary attorney-client privilege may be asserted by the client as well as by the attorney.
While a lawyer has a duty of confidentiality to his client, which includes protecting confidential information received from the client, a lawyer _____ reveal such information to the extent that the lawyer ________________ disclosure is necessary to prevent ________________________________.
While a lawyer has a duty of confidentiality to his client, which includes protecting confidential information received from the client, a lawyer may reveal such information to the extent that the lawyer reasonably believes disclosure is necessary to prevent reasonably certain death or bodily harm.
