Duty of Confidentiality

Question 1

Duty of Confidentiality

Answer 1

Don’t reveal anything related to the representation of a client or use that information against her w/o consent.

Applies regardless

Use reasonable security to prevent inadvertent access or disclosure

Question 2

when does it attach?

Answer 2

can attach before a client relationship is formed (e.g. must explicitly say that law firm has no duty to keep the information confident to waive it

Question 3

exceptions to confi.

Answer 3

Client consent (express or implied)

defending yourself - malpractice, disclipinary hearing, refuses to pay you which forces you to sue him

if compelled by final court order, law or other ethical duties

what’s necessary to prevent an act that will reasonably prevent certain reasonable death or susbtantial bodily harm (CA must prevent criminal act) *Note must make a good faith effort to persuade client not to commit act. In CA inform client decision to reveal confi)

fraud or crimes causing fin. injury - if he is USING YOUR SERVICES to commit crime and the disclsure would prevent or mitigate subst. fin. loss (CA has no such exception)