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Confidentiality and Privilege Flashcards
| Front | Back |
| Attorney-Client Privilege | Protects confidential communications between lawyer and client for legal advice |
| Client Consent | Allows a lawyer to disclose otherwise confidential information with the client's explicit agreement |
| Common Interest Doctrine | Protects communications between parties sharing a legal goal from disclosure |
| Communication Mediums and Confidentiality | Attorney-client communications over insecure channels may risk privilege |
| Confidentiality in Public Spaces | Lawyers must avoid discussing client matters in places where conversations can be overheard |
| Confidentiality vs Privilege | Confidentiality is an ethical duty to keep client information secret while privilege is a legal protection from disclosure in court |
| Consequences of Privilege Breach | Can lead to admission of evidence in court or disciplinary action against the attorney |
| Crime-Fraud Exception | Privilege does not apply if client seeks legal advice to commit or conceal wrongdoing |
| Duty After Representation | Lawyers must uphold confidentiality obligations even after the representation ends |
| Ethical Obligations to Maintain Confidentiality | Lawyers must take reasonable precautions to protect client information |
| Exceptions to Confidentiality | Includes preventing death or serious harm and defending against malpractice claims |
| Implied Waiver | Occurs when client asserts claims inconsistent with maintaining privilege |
| Inadvertent Disclosure | Unintentional release of privileged information may result in waiver if not addressed promptly |
| Joint Defense Privilege | Enables parties with a shared legal interest to exchange privileged information without losing protection |
| Limits on Attorney-Client Privilege | Privilege applies only to legal advice, not business or personal discussions |
| Privilege Logs | Documents provided in litigation to describe withheld items without revealing privileged content |
| Selective Waiver Doctrine | Allows partial disclosure of privileged materials without waiving overall privilege |
| Third-Party Communications | Privilege may be lost if a third party is present during attorney-client communication |
| Waiver of Privilege | Occurs when confidential communication is disclosed to third parties |
| Work-Product Doctrine | Covers materials prepared by or for an attorney in anticipation of litigation |
Front
Consequences of Privilege Breach
Click the card to flip
Back
Can lead to admission of evidence in court or disciplinary action against the attorney
Front
Work-Product Doctrine
Back
Covers materials prepared by or for an attorney in anticipation of litigation
Front
Duty After Representation
Back
Lawyers must uphold confidentiality obligations even after the representation ends
Front
Limits on Attorney-Client Privilege
Back
Privilege applies only to legal advice, not business or personal discussions
Front
Selective Waiver Doctrine
Back
Allows partial disclosure of privileged materials without waiving overall privilege
Front
Exceptions to Confidentiality
Back
Includes preventing death or serious harm and defending against malpractice claims
Front
Privilege Logs
Back
Documents provided in litigation to describe withheld items without revealing privileged content
Front
Crime-Fraud Exception
Back
Privilege does not apply if client seeks legal advice to commit or conceal wrongdoing
Front
Confidentiality vs Privilege
Back
Confidentiality is an ethical duty to keep client information secret while privilege is a legal protection from disclosure in court
Front
Implied Waiver
Back
Occurs when client asserts claims inconsistent with maintaining privilege
Front
Communication Mediums and Confidentiality
Back
Attorney-client communications over insecure channels may risk privilege
Front
Inadvertent Disclosure
Back
Unintentional release of privileged information may result in waiver if not addressed promptly
Front
Ethical Obligations to Maintain Confidentiality
Back
Lawyers must take reasonable precautions to protect client information
Front
Joint Defense Privilege
Back
Enables parties with a shared legal interest to exchange privileged information without losing protection
Front
Client Consent
Back
Allows a lawyer to disclose otherwise confidential information with the client's explicit agreement
Front
Third-Party Communications
Back
Privilege may be lost if a third party is present during attorney-client communication
Front
Attorney-Client Privilege
Back
Protects confidential communications between lawyer and client for legal advice
Front
Waiver of Privilege
Back
Occurs when confidential communication is disclosed to third parties
Front
Confidentiality in Public Spaces
Back
Lawyers must avoid discussing client matters in places where conversations can be overheard
Front
Common Interest Doctrine
Back
Protects communications between parties sharing a legal goal from disclosure
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Detailed exploration of attorney-client confidentiality, legal professional privilege, exceptions, and related ethical obligations critical for professional responsibility.