Have a question?
Message sent Close

(LGE - 120) Professional Responsibility Outline

Instructor
Sandra Watson
0
0 reviews
  • Description
  • Full Document
Blur-Preview

Professional Responsibility outline for Professor Ross in the fall of 2018.

  • UniversityBrooklyn Law School
  • CourseProfessional Responsibility (LGE – 120)

Duty of Confidentiality Attorney-Client Privilege
Broader Narrower (not everything is privileged)
Can’t reveal anything related to the representation of a
client without consent
Only covers communications pertaining to legal services (not
facts! – general advice/business advice not privileged)
Shield all information regardless of the source (client, agent,
third party)
Shields information obtained from the client or his/her agent(s)
(“Kovel” standard of third parties (translators, paralegals,
assistants, interns, investigators, etc.)
Confidentiality includes ALL disclosures that could
reasonably lead to discovery
Only pertains to legal services (not subjects like business
tactics or political consequences)
Duty can attack before a lawyer/

Waiver: privilege is expressly waived as to information communicated by a client to a non-privileged person.
– Example 1: attorney/client publicly revealed a fact = privilege is waived!
– Example 2: put something at issue “my lawyer told me X” = privilege is waived! (subject matter waiver)
If a client seeks assistance with a crime or fraud = NO PRIVILEGE (1.2(d))
The act of asking whether a certain act is prohibited = PRIVILEGED!
If a client asks advice about a PRIOR criminal act = privileged! As long as the past act is really PAST!
EXCEPTIONS to DUTY OF CONFIDENTIALITY
Rule 1.6 Confidentiality of Information:
1.6 (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed
consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by
paragraph (b).
(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes
necessary:
Past physical harm to
others
NO exception permits disclosure
Threatened FUTURE
physical harm to others
MAY (but not required) reveal info when reasonably believes
is necessary to prevent a future crime likely to result in
reasonably certain death or substantial bodily harm
(b)(1) to prevent reasonably certain death or
substantial bodily harm;
(covers suicide, harm to others by client or 3rd
parties)
Prevent FUTURE
fraud or financial
crimes
MAY reveal info if it will result with reasonable certainty in
substantial injury to someone’s financial interests AND the
client used/using lawyer’s services to commit the crime or fraud
(b) (2) to prevent the client from committing a
crime or fraud that is reasonably certain to result in
substantial injury to the financial interests or
property of another and in furtherance of which the
client has used or is using the lawyer’s services;
Mitigate / rectify
PAST fraud
MAY reveal info if it will prevent, mitigate or rectify PAST
fraud that has resulted or is reasonably certain to result in
substantial financial injury IF the client used lawyer’s services
to commit the crime or fraud

PREVIEW

 

(LGE - 120) Professional Responsibility Outline

NOTE: Please check the details before purchasing the document.

error: