Duty of Confidentiality

Question 1

Define

Duty of Confidentiality

Answer 1

An attorney must not reveal any info obtained during the attorney-client relationship.

Question 2

Scope

Attorney Client Relationship

Answer 2

An attorney/client relationship applies to all information regardless of whether privlieged.

Question 3

Define

Attorney-Client Privilege

Answer 3

Privilege attaches when
1. Confidential communication is intended;
2. Professional service is the main purpose.

The client holds the privilege and applies to either individual or corporation.

ACPriv lasts until: ABA - Death; CA - Estate settled

Question 4

Exceptions to the A-C Privilege

Answer 4

1. Lawyers services are used to further crime or fraud
2. Dispute with Lawyer
3. CA - Prevent crime with death or substantial bodily harm

Question 5

Death or SBH Exception

Answer 5

An attorney may reveal confidentiality if the attorney believes it is necessary to prevent death or substnatial bodily harm.

CA: Requires
1. permissive disclosure
2. Good faith effort to disuade client to not commit crime/act
3. inform the client of the decision to reveal confidence.

Question 6

Exceptions For

Breaching Duty of Confidentiality

Answer 6

1. Consent
2. Death or Substantial Bodily Harm
3. Financial Harm
4. Defending Yourself
5. Compelled by court order