ACP Flashcards
(12 cards)
What are the four elements of attorney-client privilege?
- Communication,
- Confidentially Made
- From or to attorney; or from or to client
- For a legitimate purpose aka the purpose of seeking legal advice.
What is the crime-fraud exception to attorney-client privilege?
Privilege does not apply when the client seeks legal help to commit or cover up a crime or fraud.
When does work product protection apply?
To materials prepared in anticipation of litigation;
includes qualified (discoverable with need) and absolute (never discoverable) protection.
What does the California Rule require upon inadvertent disclosure of privileged material?
Lawyer must stop reading, notify sender, meet and confer, and seek court resolution before use—unauthorized use may result in sanctions.
What happens to privilege between joint clients if they later sue each other?
No privilege between them regarding their shared representation.
What is the scope of attorney-client privilege?
Applies only to communications, not underlying facts.
Cannot protect facts by communicating them to a lawyer.
When can a lawyer reveal information based on reasonableness of belief?
Lawyer may disclose if they reasonably believe it is necessary.
Belief must be reasonable at the time, not proven only by later events.
What happens if a lawyer dissuades a client from committing a crime?
Privilege is preserved if the lawyer’s advice prevents the crime.
If crime not committed for unrelated reasons, privilege may not apply.
Who can waive attorney-client privilege?
Only the client can waive it, either expressly or impliedly.
Lawyers can assert or waive on client’s behalf if authorized.
What is express vs implied waiver of privilege?
Express: Intentional and voluntary relinquishment.
Implied: Client acts inconsistently with privilege, such as publicly discussing privileged information.
What are the risks of inadvertent disclosure?
Privilege may be lost depending on jurisdictional approach.
Factors include care taken by lawyer and promptness in addressing disclosure.
What must a lawyer do upon receiving inadvertently sent privileged material?
Must notify sender immediately.
In California: must also stop reading, meet and confer, and seek court resolution before using the material.
