Duty of Confidentiality Flashcards

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1
Q

General Duty of Confidentiality

A
  1. L must not reveal any information relating to the representation
  2. L must prevent unauthorized access and take reasonable measures to prevent such access
  3. L must not use information not generally known to the client’s disadvantadge
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2
Q

When Does Duty of Confidentiality Exist?

A

From consultation with prospective client until death of C

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3
Q

ABA Exceptions to Duty of Confidentiality

A
  1. Informed Consent
  2. Implied Authorization to protect C with diminished capacity from substantial harm
  3. Implied Authorization to work on matter with other firm members and outside contractors
  4. Reasonable belief that disclosure is necessary to prevent death or serious bodily harm / financial injury from crime/fraud
  5. Comply with Law / Court Order (first try to challenge and seek appellate review)
  6. Secure Legal Advice
  7. Establish Claim or Defense for L
  8. Detect or Resolve Conflicts
  9. Defend self or establish claim against client
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4
Q

CA Differences to ABA Exceptions to Duty of Confidentiality

A

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

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5
Q

Attorney-Client Privilege Definition

A

L need not testify regarding confidential communications b/w C and L (and respective agents) regarding legal services

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6
Q

Holder of Attorney Client Privilege

A

Client or Prospective Client

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7
Q

How long does A-C Privilege Last?

A

FRE: Even after death
CEC: Until Case settles

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8
Q

Exceptions to Attorney Client Privilege

A
  1. L services used to further crime/fraud
  2. Dispute w/ Lawyer
  3. 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
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