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10 Cards in this Set
- Front
- Back
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A legal matter between whom is confidential?
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(e.g. husband and wife) or two former jont clients of the attorney
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Four areas that apply to confidentiality:
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Setting: Extends to all matters of representation
Source: Covers all information from any source regarding representation. Privacy: Doesnot require privacy. Use: Covers disclosure (within and outside the litigation context and use by the attorney of protected information |
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Four areas that apply to attorney-client privileges:
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Setting: May be asserted i judicial-like proceeding where lawyer is asked to produce evidence concerning client.
Source: covers only communication between attorney and client Privacy: Privacy of communication e.g. presence of 3rd party -generally destroys privilege Use: Arises only in litigation |
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Can a client use an attorney's legal services for a commission of a crime? Yes or No
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NO
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Confidential material may be used when the communication relevant to a dispute between lawyer and client arising out of representation - material may be used. True or False
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True. The attorney may use the material to clear his name.
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If the info is generally known, there is no need to stop attorney from disclosing the info. True or False
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True
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client must consent after consultation before atty. can disclose. True or False
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True
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Lawyer has a duty to preserve confidences of former clients and present clients. True or False
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True
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Disclosure: Lawyer is prohibited from revealing "information relating to representation of a client without the client's express or implied authorization. (exception: info needed to preventthe client from committing an imminent crime that threatens bodily harm)True or False.
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True
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A lawyer may not use client's confidential information, if use will result in a disadvantage to client, unless the client consents after consultation. True or False
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True
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