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10 Cards in this Set

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  • Back
A legal matter between whom is confidential?
(e.g. husband and wife) or two former jont clients of the attorney
Four areas that apply to confidentiality:
Setting: Extends to all matters of representation
Source: Covers all information from any source regarding representation.
Privacy: Doesnot require privacy.
Use:
Covers disclosure (within and outside the litigation context and use by the attorney of protected information
Four areas that apply to attorney-client privileges:
Setting: May be asserted i judicial-like proceeding where lawyer is asked to produce evidence concerning client.
Source: covers only communication between attorney and client
Privacy: Privacy of communication e.g. presence of 3rd party -generally destroys privilege
Use: Arises only in litigation
Can a client use an attorney's legal services for a commission of a crime? Yes or No
NO
Confidential material may be used when the communication relevant to a dispute between lawyer and client arising out of representation - material may be used. True or False
True. The attorney may use the material to clear his name.
If the info is generally known, there is no need to stop attorney from disclosing the info. True or False
True
client must consent after consultation before atty. can disclose. True or False
True
Lawyer has a duty to preserve confidences of former clients and present clients. True or False
True
Disclosure: Lawyer is prohibited from revealing "information relating to representation of a client without the client's express or implied authorization. (exception: info needed to preventthe client from committing an imminent crime that threatens bodily harm)True or False.
True
A lawyer may not use client's confidential information, if use will result in a disadvantage to client, unless the client consents after consultation. True or False
True