The privilege pertains to any information exchanged between an attorney and client even if that information is disclosed to a third person.b. Confidential communications between an attorney and client cannot be disclosed unless the client consents.c. Even if the privilege is lost, it can, under some circumstances, be regained.d. all of the ...
Attorneys Have a Basic Legal Duty to Communicate With Clients. Attorneys have a legal duty to maintain “professionally adequate” communication with clients. Proper communication is a critical element of the competent practice of law, and failure to properly communicate with clients may represent a breach of the attorney’s legal duty. Attorneys also have a legal duty to …
The communication must be intended to be confidential in order to be privileged. A communication made in the presence of a third party generally is not privileged, but the presence of, or communication by or through, a representative of the client or the attorney does not destroy the attorney-client privilege.
3.Answer:- b. False Attorney-Client privilege protects communications of facts, and not the facts that underlie these communication …. View the full answer. Transcribed image text: 3. The confidentiality of attorney-client communications is not protected by law. O a. True O b.
Generally speaking, a lawyer’s duty to communicate with clients includes the following, each of which must be performed in a commercially and professionally reasonable manner: 1 Prompt responses to reasonable client requests for status updates or information about the client’s case or legal matter. 2 Providing clients with copies of documents relevant to the client’s case or legal matter. 3 Keeping the client reasonably informed about significant developments in the client’s case or legal matter. 4 Providing sufficient information to enable the client to make “free and informed” decisions about the client’s case or legal matter.
Attorneys have no legal duty to provide clients with irrelevant or trivial information, or to tell the client about every case or fact discovered during research. Where the facts are not directly relevant to the client’s case, do not impact the level of knowledge the client needs to make informed decisions, or do not impact the client’s legal status, the facts may not fall within the attorney’s duty to communicate.
Attorneys also have no legal duty to disclose information where the law, a valid court order, or other legally binding confidentiality obligation prohibits disclosure. While such situations are rare, they do exist, and a lawyer’s failure to disclose protected information under such circumstances may not support a malpractice or professional negligence claim.
A. The privilege is lost if the client discloses privileged information to a non-attorney third party.
The purpose of the attorney-client privilege is to encourage clients to to disclose all pertinent information so that they can receive the best possible legal advice.
The duty of loyalty is an obligation imposed on employees by law.
In California, the attorney-client privilege exists until it is waived, or until such time as the client has diedand his estate no longer exists . CEC §§ 953-955.
The client holds the privilege and is the only one who may waive it. The attorney, however, must assert the privilege on the client's behalf to protect the client's interests. The privilege exists until it is waived, and it can survive the client's death.
A confidential communication between a client and an attorney for the purpose of seeking legal advice or representation is privileged.
In California, no privilege exists when the communication relates to the future commission of what the client knew or should have known was a crime or fraud; nor when the "lawyer reasonably believes that disclosure ... is necessary to prevent a criminal act that the lawyer reasonably believes is likely to result in the death of, or substantial bodily harm to, an individual." CEC §§ 956, 956.5.
When privileged material is disclosed in a state proceeding and the state and federal laws are in conflict as to the effect of the disclosure, the disclosure does not operate as a waiver in a subsequent federal proceeding if the disclosure (i) would not be a waiver had it been made in a federal proceeding or ( ii) is not a disclosure under the law of the state where it was made. In other words, the federal court must apply the law that is most protective of the privilege. This rule does not apply if the state court has issued an order concerning the effect of the disclosure; in such a case, the state-court order would be controlling. Fed. R. Evid. 502(c).
Although the Federal Rules generally do not address the existence or scope of common-law privileges, there is one exception. Federal Rule 502 addresses the effect that a litigation-related disclosure of protected information has on the waiver of the attorney-client privilege, drawing a distinction between an intentional disclosure and an unintentional disclosure. The rule applies to confidential communications as well as material protected by the work-product doctrine. Fed. R. Evid. 502.
Work product documents: Documents prepared by an attorney for his own use in connection with the client's case are not covered by the attorney-client privilege because they are not communications. However, such documents are protected under the "work product" doctrine and are not subject to discovery unless the party seeking disclosure (i) demonstrates a substantial need for the information, and (ii) cannot obtain the information by any other means without undue hardship. The mental impressions, conclusions, and trial tactics of an attorney are always protected from discovery. Fed. R. Civ. P. 26(b)(3).
ii. Lawyer may hire someone to help them understand the client's problem
a. Applies regardless of whether crime or fraud is accomplished AND even though lawyer is unaware of client's purpose and does nothing to advance it
b. If someone unilaterally conveys information to a lawyer, that person is not a prospective client (i.e., someone unburdening themselves to you is not your problem )
i. Control group test (Rejected by Upjohn—SCOTUS): privilege does NOT apply to communications by officers & agents not responsible for directing company's actions in response to legal advice because the communications are not the "client's." [In other words, the high officers are the "client."
A) Advice: During an initial contact or consultation, attorneys should go out of their way to limit the amount of information that comes their way, and should explicitly tell the prospective that he has no confidentiality expectation. Otherwise, you may be conflicted out.
a. No EXCEPTION for Public Info: Even if info has gone public (E.g. through the press), the lawyer still cannot himself disclose it.
i. Client cannot claim that he was acting on advice of counsel w/o allowing opposing party to see said counsel for possible contradictions
Good client communication is about being proactive so that clients feel truly cared for and informed. Make a deliberate effort to ensure your client understands what’s going on, and you’ll avoid unnecessary communication breakdowns. A few ways to do this: Avoid legal jargon.
Every time you communicate with your clients, you’re shaping their impression of you and your firm. To cultivate a positive reputation, enhance your clients’ experience and ensure your law firm’s success, effective client communication isn’t a “nice to have”—it’s essential.
Why is that? Because no one likes to hear bad news from a robot—and anxious clients don’t want to contact your office in hopes of getting updates on their cases, only to receive automated responses. Reaching out yourself or having a receptionist or virtual receptionist provide an empathetic, timely response can help calm your clients’ nerves.
Avoid legal jargon. Default to plain language instead, and leave an opening for questions about anything clients don’t understand.
Using a secure client portal when sharing documents and other sensitive information.
It’s easy for lawyers to jump in with their thoughts before they’ve truly understood the problem—and this can leave clients feeling as if they’re not truly being heard.
Automating tedious or repetitive processes can be a big win for law firms, but the automation of communication needs to be done carefully, so it’s convenient for both you and your client.