Attorney Client Privilege

Question 1

To use AC priv:

Answer 1

Need someone trying to compel you to talk through a subpoena

Question 2

AC Priv/ confidence

Answer 2

two different things, enforced differently.

Question 3

Protection for AC priv

Answer 3

comes from evidence rules

Question 4

purpose of AC priv

Answer 4

ful frank comm betwen client and attorney

Question 5

AC client priv precludes:

Answer 5

another party in litigation from asking the client or lawyer what communicaiton they exchanged in confidence.

Question 6

Amendments for AC priv

Answer 6

5th and 6th.

Question 7

Elements of AC priv

Answer 7

1. Confidential com (oral and written)
2. Between clietns/ attnys and their reps (doesnt include friends. etc.)
3. Made to facilitate rendition of legal services

Question 8

AC priv is limited to

Answer 8

communications

Question 9

Confidence incldues

Answer 9

all info

Question 10

Client names

Answer 10

generally not protected

Question 11

CLient names protected when…

Answer 11

“last link” - john doe cases, where bad guy gets atorney to deal with state to say they did it etc. see outline if confused.

Question 12

Tests for AC priv

Answer 12

1. Control- narrow, high ranking

2 Subject mater, wider, lower echelon included

Question 13

SEE 9/23 notes for flowchart.

Answer 13

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