Week 2 Flashcards
Generally, should a lawyer reveal information re: representation of the client? (Y/N)
No
Can a lawyer reveal information re: representation of the client if the client consents? (Y/N)
Yes
If the disclosure is impliedly authorized in order to carry out the representation, can a lawyer reveal information re: representation of the client? (Y/N)
Yes
A lawyer __________ reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary to prevent reasonably certain death or substantial bodily harm
(MAY / MUST)
May (not required, but they can)
What is the crime-fraud exception to the general rule of confidentiality?
Lawyer can reveal info re: representation…
if the client is using the attorney’s services to commit a crime/fraud that’s reasonably certain to result in substantial injury to the financial interests/property of another
Can the lawyer reveal info re: representation to secure legal advice about ethical compliance?
Yes
Does a lawyer have a duty to mitigate/rectify an ongoing/past injury to another that used the attorney’s services?
Yes, can reveal info re: representation to do so.
If a lawyer changes employment and is undergoing a conflicts check, can they reveal information re: representation of a client?
What if it would compromise A-C privilege or otherwise prejudice the client?
Yes, but only if the revealed information would not compromise A-C privilege or otherwise prejudice the client.
If the lawyer finds herself in a legal battle with the client or arising out of representing the client, can they reveal info re: representation?
Yes.
Can do so to protect the lawyer, like in the event of an ineffective assistance of counsel claim or if they find themselves charged in a crime/fraud scheme
(TRUE/FALSE) a lawyer can reveal info re: representation to comply with other applicable law or a court order
True
A lawyer (SHALL/MAY) make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.
Shall (i.e., must)
When determining whether the crime-fraud exception applies, MUST an in-camera review of materials be held? (Zolin)
No. One MAY be held, but not if documents have no apparent showing of crime or fraud. (Zolin)
When determining whether the crime-fraud exception applies, what does one have to show to get an in-camera review of materials? (Zolin)
Requesting party must show a factual basis adequate to support a good faith belief by a reasonable person that an in camera review of the materials may reveal sufficient evidence to establish the claim that the crime-fraud exception applies
When determining whether to grant an in-camera review to determine if crime-fraud exception applies, what evidence can be used? (Zolin)
ANY relevant evidence that is not itself privileged
e. g., here, the tapes were allegedly privileged, but the transcripts of the tapes were not. Transcripts used to make the showing, tapes heard in-camera.
e. g., grand jury testimony, non-privileged documents (In re Sealed Case)
What’s the policy behind the rule of confidentiality?
We want full disclosure by the client so the lawyer can zealously represent, but the client wouldn’t trust (and wouldn’t disclose) if attorney could reveal the info to anyone.
