Duty of Confidentiality Flashcards
General Duty of Confidentiality
- L must not reveal any information relating to the representation
- L must prevent unauthorized access and take reasonable measures to prevent such access
- L must not use information not generally known to the client’s disadvantadge
When Does Duty of Confidentiality Exist?
From consultation with prospective client until death of C
ABA Exceptions to Duty of Confidentiality
- Informed Consent
- Implied Authorization to protect C with diminished capacity from substantial harm
- Implied Authorization to work on matter with other firm members and outside contractors
- Reasonable belief that disclosure is necessary to prevent death or serious bodily harm / financial injury from crime/fraud
- Comply with Law / Court Order (first try to challenge and seek appellate review)
- Secure Legal Advice
- Establish Claim or Defense for L
- Detect or Resolve Conflicts
- Defend self or establish claim against client
CA Differences to ABA Exceptions to Duty of Confidentiality
ABA Exceptions Not Applicable:
1. Client with diminished capacity implied authorization
2. Prevent mitigate rectify crime/fraud causing financial injury
3. Securing Legal Advice
4. Detecting or resolving Conflicts w/ Firm
Additional CA Exceptions Necessary to Prevent Death or Serious Bodily Injury subject to optional disclosure if (1) try to dissuade first and inform client of decision to reveal; or (2) court order
Attorney-Client Privilege Definition
L need not testify regarding confidential communications b/w C and L (and respective agents) regarding legal services
Holder of Attorney Client Privilege
Client or Prospective Client
How long does A-C Privilege Last?
FRE: Even after death
CEC: Until Case settles
Exceptions to Attorney Client Privilege
- L services used to further crime/fraud
- Dispute w/ Lawyer
- L testifying as to competency or intent of client who has attempted to dispose of property by will or inter vivos transfer
4. CEC: Prevent crime w/ death or significant bodily harm
