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Confidentiality

  1. Client identity is usually ___ privileged unless the client tells you that it is.
    not
  2. There is no attorney-client privilege between ___ jointly-represented clients.
    current
  3. This is an evidentiary rule that prevents a court or other
    governmental entity from using its powers to compel the revelation of confidential communications between an attorney and a client. The client holds the privilege and it
    lasts forever.
    Attorney client privilege
  4. Material prepared by a lawyer for litigation or in anticipation of
    litigation is immune from discovery unless the opposing party can show a substantial need for the material and an inability to gather the material without undue hardship.
    Work Product doctrine
  5. Are per-exisitng documents discoverable and protected under work product?
    No, per-exisitng documents are not non-discoverable and are not protected under the work product doctrine (client could just give all harmful documents to their lawyer to keep it out of litigation).
  6. What must a lawyer do when communicating with their client via email?
    lawyers are required to warn clients about confidentiality risks when sending unencrypted electronic communications including e-mail.
  7. A lawyer may reveal confidential client information when?
    A lawyer MAY reveal confidential client information if they are preventing a client from committing a crime causing death or substantial bodily harm (INCLUDING SUICIDE OF THE CLIENT THEMSELVES). They are allowed to do it, they don't have to.
  8. in what 3 instances can a lawyer break confidentiality ?
    • 1. To defend themselves against a client trying to take them down legally.
    • 2. To take a client down if the lawyers services were used in furtherance of a crime
    • 3. To defend themselves against a Bar Complaint from the scary ethics board
  9. If a client knowingly tells a third party something or brings a random third party to a meeting, the privilege of confidentiality as to the information discussed __________  is effectively waived
    in front of the commoner
  10. If a lawyer gets a document on accident sent to them, they must
    promptly notify the sender it was accidentally sent so the sender can take protective steps.
Author
dwrght16
ID
363305
Card Set
Confidentiality
Description
Confidentiality - Tips and Tricks
Updated

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