Which form of ethics would condemn the attorney-client privilege because of the use of deception? a. ethical formalism b. religious ethics c. ethics of care d. utilitarianism
[3] The principle of client-lawyer confidentiality is given effect by related bodies of law: the attorney-client privilege, the work product doctrine and the rule of confidentiality established in professional ethics. The attorney-client privilege and work-product doctrine apply in judicial and other proceedings in which a lawyer may be called ...
• Unlike attorney-client privilege, work product is not limited to “communications” between an attorney and client. • Work product protection is less powerful than attorney-client privilege and can be overcome by a showing of necessity (“substantial need”/“undue hardship”). • BUT there is special protection for attorney ...
Which of the following may not be protected under the attorney-client privilege? A client who orally confesses to a crime. Correct!
1 “Recusal” traditionally refers to a judge's removing himself or herself sua sponte, while “disqualification” traditionally refers to removal at the request or directive of a party to the case.
If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.
Attorney-Client Privilege. A confidential communication between a client and an attorney for the purpose of seeking legal advice or representation is privileged.
the disqualification of a district court judge upon the timely filing of an affidavit by a party averring that the judge has a "personal bias or prejudice" against him or in favor of the other party.
recuse \rih-KYOOZ\ verb. : to disqualify (oneself) as judge in a particular case; broadly : to remove (oneself) from participation to avoid a conflict of interest.
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights.
Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...
The prosecutor should seek to protect the innocent and convict the guilty, consider the interests of victims and witnesses, and respect the constitutional and legal rights of all persons, including suspects and defendants.
The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to.
Three types of privilege: Those that protect confidential communications made in the course of a professional relatinoship. Exempt from testifying at all. Exempt from giving certain types of information.
Evidence Code 954Evidence Code 954 is the California statute that makes communications between attorneys and their clients privileged and confidential. This is what is known as the “lawyer-client privilege” (or the “attorney-client privilege”).
Attorney-client privilege is often confused with the work product objection. Communications between attorney and client are privileged, and only the client can waive the privilege. ( O.C.G.A. §§ 24-9-21, 24-9-24, and 24-9-25) See generally, Atlantic Coast Line RR Co. v. Daugherty, 111 Ga. App. 144 (1965).
Georgia courts have yet to rule on the issue of whether videotape surveillance by a defendant of a plaintiff is subject to discovery under the Civil Practice Act. The majority of jurisdictions that have decided the issue, both state and federal, hold that it is discoverable. 19 ALR4th 1236.
In serving on the State Board’s Rules & Mediation Committee, I have participated in many debates regarding the discoverability of surveillance evidence. The moderate view is to allow discovery of surveillance evidence, subject to the employer and insurer being afforded a reasonable opportunity to take the claimant’s deposition.
The rule of client-lawyer confidentiality applies in situations other than those where evidence is sought from the lawyer through compulsion of law. The confidentiality rule, for example, applies not only to matters communicated in confidence by the client but also to all information acquired during the representation, whatever its source.
Almost without exception, clients come to lawyers in order to determine their rights and what is, in the complex of laws and regulations, deemed to be legal and correct.
Opinion rules that a lawyer may disclose information concerning advice given to a client at a closing in regard to the significance of the client's lien affidavit. RPC 117. Opinion rules that a lawyer may not reveal confidential information concerning his client's contagious disease. RPC 120.
Opinion rules that, subject to a statute prohibiting the withholding of the information, a lawyer's duty to disclose confidential client information to a bankruptcy court ends when the case is closed although the debtor's duty to report new property continues for 180 days after the date of filing the petition.
A lawyer may not disclose such information except as authorized or required by the Rules of Professional Conduct or other law. See also Scope. [4] Paragraph (a) prohibits a lawyer from revealing information acquired during the representation of a client.
Lawyers in a firm may, in the course of the firm's practice, disclose to each other information relating to a client of the firm, unless the client has instructed that particular information be confined to specified lawyers. Disclosure Adverse to Client.
Opinion rules that a lawyer may not take possession of a client's contraband if possession is itself a crime and, unless there is an exception allowing disclosure of confidential information, the lawyer may not disclose confidential information relative to the contraband. 2007 Formal Ethics Opinion 12.