What is the attorney-client privilege?
10. Which of the following statements about the attorney-client privilege is true? A. The privilege is lost if the client discloses privileged information to a non-attorney third party. B. The privilege ends when the client dies. C. All communication between an attorney and a client, regardless of subject matter, are privileged. D. A and B E. B and C
What is a lawyer's duty under the privilege to protect privileged information?
Where does the client tell the paralegal the information?
How can a court order a lawyer to provide privileged documents?
What is true about attorney-client privilege?
Definition. 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 is true about attorney-client privilege quizlet?
A confidential communication between a client and an attorney for the purpose of seeking legal advice or representation is privileged.
Which of the following are protected under attorney-client privilege?
CONFIDENTIAL COMMUNCIATIONS The basic attorney-client privilege protects client communications with the attorney. It also extends to responsive communications from the lawyer to the client. However, the communication need not be so overt as an oral or written action.
Which of the following may not be protected under the attorney-client privilege?
Which of the following may not be protected under the attorney-client privilege? A client who orally confesses to a crime. Correct!
Does attorney-client privilege protects communications and physical evidence?
The attorney-client privilege is an exclusionary rule of evidence law. ... The attorney-client privilege protects only confidential communications between the attorney and client (or the agents of either of them).
What are three types of privileges used to keep information confidential?
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.
Is attorney-client privilege a constitutional right?
The sixth amendment to the United States Constitution provides that "[in all criminal prosecutions, the accused shall enjoy the right to ... have the assistance of counsel for his defense.""1 This amendment has long been construed as a guarantee of both access to counsel and the right to effective assistance of counsel ...
Why is the attorney-client privilege important?
The attorney-client privilege is the backbone of the legal profession. It encourages the client to be open and honest with his or her attorney without fear that others will be able to pry into those conversations. Further, being fully informed by the client enables the attorney to provide the best legal advice.Oct 31, 2013
Which privilege is not recognized under federal common law?
The body of evidentiary privileges in California and federal courts are fundamentally distinct in one respect in particular: whereas federal evidentiary privileges are almost entirely based on case law, California recognizes only statute-based privileges. California has no common law evidentiary privileges. California ...Dec 6, 2018
What should you not say to a lawyer?
9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021
Under what circumstances can an attorney reveal information about the client that the attorney obtained during the representation of that client quizlet?
A lawyer shall reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary to prevent reasonably certain death or substantial bodily harm.
Under what circumstances can an attorney reveal information about the client that the attorney obtained during the representation of that client?
(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).
What Is Not Covered by Attorney-Client Privilege?
There is a crime-fraud exception to the attorney-client privilege rule. If you intend to lie or cover up a crime, the court applies the exception. The privilege belongs to the client, so the client’s intent is what creates the exception. Even if the attorney did not know fraud was occurring, the exception could still apply.
When Does The Crime-Fraud Exception Apply?
- The crime-fraud exception applies to the following situations: 1. The client intended or was in the process of committing a fraudulent act or crime. 2. The client communicated specifically to cover up or further the crime or fraud. In some states, the exception of client-attorney privilege is not limited to fraud and crimes. If a landlord, for example, seeks advice about unlawfully evicting a t…
What Happens If A Client Is Caught Covering Up A Crime Or Fraud?
- If the crime-fraud exception is valid, the prosecution will subpoena the attorney. The attorney will then need to disclose the content of their communication with their client. If the prosecution does not know about the communication, the lawyer should still disclose it. Ethically, it’s the right thing to do, and lawfully, they could risk criminal charges. These communications can include:
State Differences
- Each state is different, so it’s good to know the laws of the state you’re in. Some differences can include statutes, evidence rules, and court decisions. Every state observes the crime-fraud exception, but each in their unique way. Most exceptions to the Attorney-Client privilege change from case to case, based on the evidence presented.
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