Confidentiality and Privilege Flashcards
Multistate Professional Responsibility Exam Flashcards
| Front | Back |
| Attorney-Client Privilege | Protects confidential communications between lawyer and client for legal advice |
| Client Consent | Allows a lawyer to disclose otherwise confidential information with the client's explicit agreement |
| Common Interest Doctrine | Protects communications between parties sharing a legal goal from disclosure |
| Communication Mediums and Confidentiality | Attorney-client communications over insecure channels may risk privilege |
| Confidentiality in Public Spaces | Lawyers must avoid discussing client matters in places where conversations can be overheard |
| Confidentiality vs Privilege | Confidentiality is an ethical duty to keep client information secret while privilege is a legal protection from disclosure in court |
| Consequences of Privilege Breach | Can lead to admission of evidence in court or disciplinary action against the attorney |
| Crime-Fraud Exception | Privilege does not apply if client seeks legal advice to commit or conceal wrongdoing |
| Duty After Representation | Lawyers must uphold confidentiality obligations even after the representation ends |
| Ethical Obligations to Maintain Confidentiality | Lawyers must take reasonable precautions to protect client information |
| Exceptions to Confidentiality | Includes preventing death or serious harm and defending against malpractice claims |
| Implied Waiver | Occurs when client asserts claims inconsistent with maintaining privilege |
| Inadvertent Disclosure | Unintentional release of privileged information may result in waiver if not addressed promptly |
| Joint Defense Privilege | Enables parties with a shared legal interest to exchange privileged information without losing protection |
| Limits on Attorney-Client Privilege | Privilege applies only to legal advice, not business or personal discussions |
| Privilege Logs | Documents provided in litigation to describe withheld items without revealing privileged content |
| Selective Waiver Doctrine | Allows partial disclosure of privileged materials without waiving overall privilege |
| Third-Party Communications | Privilege may be lost if a third party is present during attorney-client communication |
| Waiver of Privilege | Occurs when confidential communication is disclosed to third parties |
| Work-Product Doctrine | Covers materials prepared by or for an attorney in anticipation of litigation |
About the Flashcards
Flashcards for the Multistate Professional Responsibility Exam exam focus on the core principles that govern attorney-client communications and protected materials. Each card distills complex rules on privilege, confidentiality, and work product into concise definitions, giving you quick recall of elements, purposes, and key distinctions tested on exam questions.
The deck also drills common exceptions and pitfalls, such as crime-fraud, inadvertent disclosure, and implied or selective waivers. By reviewing scenarios involving joint defense agreements, common interest doctrine, privilege logs, and ethical duties after representation, you will strengthen issue-spotting skills and understand when protections survive, terminate, or can be lost in litigation.
Topics covered in this flashcard deck:
- Attorney-client privilege
- Work-product doctrine
- Waiver and exceptions
- Confidentiality obligations
- Joint/common interest rules
- Privilege logs & disclosure