which of the following are protected under the attorney-client privilege?

To put it in simplified terms: attorney-client privilege is a rule which protects communications between attorneys and their clients. Any information discussed between yourself and your attorney is protected by this rule, and thus attorneys are not at liberty to disclose it.

Full Answer

When does the attorney client privilege apply to a lawyer?

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. The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers provide effective representation.

What is the difference between attorney client privilege and work product protection?

Apr 23, 2018 · Monday, April 23, 2018. Following the FBI’s recent raid of the office and home of Michael Cohen the bounds of the attorney-client privilege have become a topic of debate and discussion. During ...

Can a lawyer reveal information that would otherwise be protected by privilege?

A cornerstone of the attorney-client privilege is that for the privilege to apply to a communication, the communication must have been made for the purpose of obtaining legal advice. Corporate internal investigations are routinely protected from disclosure under this principle. But when company counsel

What is the difference between attorney client privilege and duty of confidentiality?

(1) “attorney-client privilege” means the protection that applicable law provides for confidential attorney-client communications; and (2) “work-product protection” means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial. Notes

What is covered by legal privilege?

Legal advice privilege covers confidential communications between a client and its lawyers, whereby legal advice is given or sought. ... Privilege attaches to all material forming the lawyer-client communications, even if those documents do not expressly seek or convey legal advice.

What type of communications are protected by attorney-client privilege?

Virtually all types of communications or exchanges between a client and attorney may be covered by the attorney-client privilege, including oral communications and documentary communications like emails, letters, or even text messages. The communication must be confidential.

Which of the following may not be protected under the attorney-client privilege quizlet?

Which of the following may not be protected under the attorney-client privilege? A client who orally confesses to a crime. Correct!

What are the elements of the attorney-client privilege?

Although the precise definition of attorney–client privilege varies among state and federal courts, there are four basic elements to establish attorney–client privilege: (i) a communication; (ii) made between counsel and client; (iii) in confidence; (iv) for the purpose of seeking, obtaining or providing legal ...

What is a communication attorney-client privilege?

Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client secret. The privilege is asserted in the face of a legal demand for the communications, such as a discovery request or a demand that the lawyer testify under oath.

What communication is privileged?

privileged communication, in law, communication between persons who have a special duty of fidelity and secrecy toward each other. Communications between attorney and client are privileged and do not have to be disclosed to the court.Dec 20, 2021

Which of the following is an example of false imprisonment quizlet?

False imprisonment: Can be committed by words without physical violence. All of the following are examples of false imprisonment except: detaining a person against his or her will when he or she was seen shoplifting.

Which of the following is true regarding the attorney-client privilege?

Which of the following is true regarding the attorney-client privilege? A lawyer has a duty to report a client's statement that he intends to commit a crime. ... The judge tries to get the parties' attorneys to stipulate to as many of the material facts as possible.

Where an identification may be suggestive the five factors set out in Biggers allow the trial court to determine?

Biggers identified five non-exhaustive factors that guide courts in determining whether an identification is sufficiently reliable: The opportunity of the witness to view the criminal at the time of the crime, The degree of attention of the witness, The accuracy of the witness's prior description' Page 19 The witness's ...

What is the term for protected statements between an attorney and client quizlet?

Attorney-Client Privilege. A confidential communication between a client and an attorney for the purpose of seeking legal advice or representation is privileged.

Are public documents protected by attorney-client privilege?

The attorney-client privilege is a vital attribute of the relationship between a lawyer and his or her clients. The privilege shields written and oral communications from disclosure in litigation as well as from disclosure under the Public Records Act and similar laws.

What does the attorney-client work product doctrine protect?

Attorney work product privilege permits attorneys to withhold from production documents and other tangible things prepared in anticipation of litigation by or for another party or its representative. See: Fed.

Why do lawyers have a duty of confidentiality?

The duty of confidentiality prevents lawyers from even informally discussing information related to their clients' cases with others.

What is privileged attorney?

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. The purpose of the privilege is to encourage clients ...

Can an attorney disclose client secrets?

Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers provide effective representation.

Is attorney client privilege inadmissible?

If someone were to surreptitiously record the conversation, that recording would probably be inadmissible in court.

Can a client forfeit the attorney-client privilege?

No matter who hears or learns about a communication, however, the lawyer typically remains obligated not to repeat it.

Can a lawyer disclose previous acts?

If, for example, if a client tells his lawyer that he robbed a bank or lied about assets during a divorce, the lawyer probably can't disclose the information.

What is the meaning of Rule 501?

(g) Definitions. In this rule: (1) “attorney-client privilege” means the protection that applicable law provides for confidential attorney-client communications; and. (2) “work-product protection” means the protection that applicable law provides ...

Is Rule 502 lower case or upper case?

Rule 502 has been amended by changing the initial letter of a few words from uppercase to lowercase as part of the restyling of the Evidence Rules to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.

What is a lawyer client privilege?

1) It resolves some longstanding disputes in the courts about the effect of certain disclosures of communications or information protected by the attorney-client privilege or as work product—specifically those disputes involving inadvertent disclosure and subject matter waiver.

What is subdivision G?

Subdivision (g). The rule's coverage is limited to attorney-client privilege and work product. The operation of waiver by disclosure, as applied to other evidentiary privileges, remains a question of federal common law.

What is attorney-client privilege?

Terms in this set (28) The attorney-client privilege is. A rule of evidence law. The attorney-client privilege provides. the client with an unqualified privilege not to disclose. the lawyer's duty under the privilege is. to advise the client of the privilege and to protect the privileged information.

What is the Sarbanes Oxley Act?

The Sarbanes-Oxley Act. Requires lawyers to report violations of securities law within the corporate chain of command. If a court orders a lawyer to provide copies of documents that the lawyer believes to be privileged, the lawyer should: Invoke the privilege and argue to protect the privilege.

What is corroborated evidence?

evidence used to disprove a fact that has been asserted. Corroborative evidence: may be seen as evidence necessary to the party's claim or defense. cannot be distinguished from cumulative evidence.

What is the 6th amendment?

a defendant's Sixth Amendment right to a jury trial will be violated. a criminal trial is not under the same time constraints as a civil trial. it is the jury's, not the judge's, job to take judicial notice of a fact. a defendant's Sixth Amendment right to a jury trial will be violated.

What is the purpose of the balance test?

Relevant evidence should be admitted. The "balancing test" serves to exclude some evidence. even though that evidence may have some arguable relevance. if the defendant requests the test be applied. if the crime was a felony or tried in a federal court. if the crime was a felony or tried in a state court.

What is privileged relationship?

The existence of a privileged relationship merely restricts what testimony, if any, may be given by a witness. A witness may testify to the privileged communication if the privilege holder waives the privilege. The existence of a privileged relationship automatically bars a person from being a witness.