Week 6 Lecture

Question 1

Ethical rules say attorney-client privilege is mandatory and can be waived only in which 7 cases?

Answer 1

1. client informed consent 2. imminent substantial bodily harm 3. intention to commit a crime 4. injury to money/property 5. to clarify ethical rules 6. malpractice suits 7. to prevent bodily harm

Question 2

The principle of confidentiality is based on which two notions?

Answer 2

1. an attorney must know the facts 2. a client will not fully disclose if not trusting

Question 3

The attorney-client privilege is a small part of (1) and is also a (2). This privilege protects specifically (3) and is an unqualified privilege protecting both the (4) and (5) from testifying. Whether the privilege can be waived after death is up to the (6)

Answer 3

1. confidentiality 2. rule of evidence 3. communications 4. attorney 5. client 6. court

Question 4

If a communication is received in error, you may file a (1) for which the court will make a decision based on (2). Many attorneys have (3) to automatically return privileged communications without a judge ordering it.

Answer 4

1. motion to compel 2. relevance 3. clawback agreements

Question 5

In the (1), questions often arise as to who the client is and what communicatiosn are protected. Different (2) use different tests.

Answer 5

1. corporate setting 2. jurisdictions

Question 6

4 matters not covered by privilege

Answer 6

1. identity of client and whereabouts (right to face accuser) 2. fee arrangement (often paid out to victor) 3. preexisting documents (i.e., before retainer, when no a-cp exists yet) 4. physical evidence

Question 7

The Work Product Doctrine protects work done by the (1) and his (2) and (3) in the process of representing the client in litigation. This applies to (4) rather than (5).

Answer 7

1. attorney 2. employees 3. agents 4. documents 5. communications

Question 8

5 things that are protected by the Work Product Doctrine

Answer 8

1. attorney’s impressions (thoughts, etc.) 2. opinions 3. legal/factual research 4. theories 5. confidential settlement agreements

Question 9

2 examples of agents to a lawyer

Answer 9

1. paralegal 2. process server

Question 10

The (1) portion of notes regarding (2) is not a protected communication

Answer 10

1. factual 2. unavailable witness