The Duty of Confidentiality to your Client

Question 1

General rule: Don’t reveal any information protected by the attorney-client privilege or gained through the professional relationship that would…

Answer 1

harm or embarass your client, or that your client has requested be kept confidential. Take reasonable steps to prevent inadvertent disclosure of confidences, e.g., cybersecurity, to protect client data.

Question 2

The rationale is to maximize trust and…

Answer 2

therefore candor, allowing the adversarial system to work.

Question 3

Attorney-Client Privilege is the overlapping, but narrower, evidence rule that allows the client to…

Answer 3

prevent you from testifying about communications that she made to you in confidence.

Question 4

The privilege is destroyed if revealed to…

Answer 4

non-essential persons who are not party to the privileged relationship.

Question 5

For corporate clients, the AC privilege covers:

Answer 5

1. Communications between you and high ranking corporate officials, and
2. Communications from other employees if:
   
   1. they are within the scope of the employee’s duties
   2. provided at the direction of the employee’s superiors, and
   3. the employee knows they are made to help the corporation get legal advice.

Question 6

Your duty covers information a prospective client gives you for the purpose of forming a legal relationship and it continues…

Answer 6

after the attorney/client relationship ends, even after the client’s death!

Question 7

What are the exceptions to the ethical duty of confidentiality?

Answer 7

1. Client consent
2. defending yourself
3. running your office
4. preventing harm
5. or by court order/law.

(cats don’t really prey on carrots)

Question 8

If the client consents after consultation, you may…

Answer 8

reveal otherwise confidential information.

Question 9

You have implied consent to reveal what’s necessary to…

Answer 9

render your legal services.

Question 10

If you reasonably believe it necessary to protect the client’s interests in the event of your death or incapacity, you may…

Answer 10

reveal client information.

Question 11

Under the “defending yourself” exception, you may reveal confidential information that is…

Answer 11

necessary to establish your claim or defense.

Question 12

When does the “defending yourself” exception apply?

Answer 12

When your client:

1. sues you for malpractice
2. brings disciplinary actions against you, or
3. refuses to pay you, forcing you to sue him for your fees.

Question 13

Under the “running your office” exception, you may reveal to an outside agency information you reasonably believe will be kept confidential, and that is…

Answer 13

necessary for services like accounting, data processing, or to participating in a law office management assistance program.

Question 14

Under the “preventing harm” exception, you must promptly reveal your client’s intention to commit a crime that is…

Answer 14

reasonably certain to result in death or substantial injury to another’s body, finances, or property.

Question 15

Under the “preventing harm” exception, if no crime is involved, you may reveal…

Answer 15

confidences to prevent death or substantial bodily harm.

Question 16

Under the “preventing harm” exception, if a crime is involved you must first do these things, if feasible:

Answer 16

1. advise your client of the possible legal consequences of his actions
2. urge him not to commit the crime, and
3. warn him that you must reveal his intention to commit the crime if not abandoned.

Question 17

Under the “final court order or law” exception, you may reveal confidences if…

Answer 17

You are compelled by final court order or law, or other ethical duties.