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

Multistate Professional Responsibility Exam

Detailed exploration of attorney-client confidentiality, legal professional privilege, exceptions, and related ethical obligations critical for professional responsibility.

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