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54 cards
1What is the attorney-client privilege?
2What are the four elements that determine whether the attorney-client privilege applies to a communication?
3What forms of communication are protected by the attorney-client privilege?
4If a communication is subject to the attorney-client privilege, are the facts contained in the communication also privileged?
5For purposes of the attorney-client privilege, who are privileged persons?
6Does the attorney-client privilege apply to a communication that is intended to reach a privileged person but does not actually do so?
7For purposes of the attorney-client privilege, what is the definition of a communication made in confidence?
8In general, does the attorney-client privilege apply to a communication between privileged persons if a nonprivileged person is present?
9For purposes of the attorney-client privilege, under what circumstances is a communication made for the purpose of obtaining or providing legal ass...
10If a client is a corporation or other organization, what requirements must be met for the attorney-client privilege to apply?
11In general, if the attorney-client privilege is not waived, how long does the privilege last?
12Is the client the holder of the attorney-client privilege?
13Are there circumstances in which a lawyer or other privileged person must assert the attorney-client privilege on the client’s behalf?
14May the attorney-client privilege be waived either by the client or by the lawyer on the client’s behalf?
15In general, is the attorney-client privilege waived if a privileged communication is inadvertently disclosed to someone who is not a privileged per...
16Does a client waive the attorney-client privilege by placing a privileged communication in issue in a court proceeding?
17Can the protections of the attorney-client privilege be waived if a privileged communication is used to prepare or assist a witness in a court proc...
18What is the crime-fraud exception to the attorney-client privilege?
19Does the crime-fraud exception to the attorney-client privilege apply if the client communicates with the lawyer with the purpose of obtaining assi...
20May a court conduct an in camera examination of allegedly privileged attorney-client communications to determine whether they fall within the crime...
21Does the attorney-client privilege always apply to matters such as the existence of a client-lawyer relationship, the identity of a lawyer’s client...
22Does the law recognize exceptions to the attorney-client privilege for fee disputes and for defending charges of attorney misconduct?
23A lawyer represented a client regarding a criminal charge of driving while intoxicated. The client brought his friend with him when he went to meet...
24A lawyer represented a client in tax matters. The lawyer took the client out for lunch in a crowded restaurant. While at lunch, the client and lawy...
25What is attorney work product?
26What is the difference between opinion work product and ordinary work product?
27In general, is work product protected from discovery and other forms of disclosure in litigation or other legal proceedings?
28In general, may one party obtain another party’s opinion work product only in extraordinary circumstances or if the opposing party has demonstrated...
29May the protections of the work-product doctrine be waived by either the client or the lawyer?
30Does the work-product doctrine protect the facts on which the work product is based?
31What is the crime-fraud exception to the work-product doctrine?
32Does a client waive the protections of the work-product doctrine by placing the work product in issue in a court proceeding?
33Can the protections of the work-product doctrine be waived if the work product is used to prepare or assist a witness in a court proceeding?
34A lawyer was representing a client in litigation over water rights. The lawyer prepared a memorandum for the client that outlined the lawyer’s opin...
35In the context of a client-lawyer relationship, what information is considered to be confidential under the Model Rules of Professional Conduct (MR...
36In general, under the MRPC, in what circumstances is a lawyer permitted to reveal confidential information?
37A lawyer was representing a client regarding a criminal charge of driving while intoxicated. The lawyer learned from the client's companion that th...
38Under the MRPC, is a lawyer required to make reasonable efforts to protect confidential information from accidental or unauthorized disclosure?
39A corporation hired a lawyer to help it file an application for a very sensitive and lucrative patent. The lawyer routinely transported the corpora...
40In general, under the MRPC, does a lawyer’s obligation of confidentiality extend to a lawyer’s former clients?
41In general, under the MRPC, does a lawyer’s obligation of confidentiality extend to a lawyer’s prospective clients, even if they do not actually be...
42Is a lawyer’s professional obligation of confidentiality designed to promote trust between the client and the lawyer?
43Under the MRPC, does the lawyer’s general obligation of confidentiality extend to information that is not itself confidential, but which could reas...
44A lawyer represented a client in a routine divorce proceeding. A few months later, the lawyer was part of a family-law panel discussion hosted by a...
45Is the lawyer’s general obligation of confidentiality under the MRPC identical to the doctrines of attorney-client privilege and work-product prote...
46Under the MRPC, may a client give express, informed consent to the lawyer’s disclosure of information relating to the lawyer’s representation of th...
47A lawyer successfully represented a client in a high-profile criminal matter. The lawyer was contacted by a book publisher to author a book discuss...
48Under the MRPC, under what circumstances is a lawyer impliedly authorized to disclose confidential client information to carry out the representation?
49A lawyer worked at a law firm with 700 attorneys. The lawyer was representing a client in a divorce proceeding. The lawyer had lunch with another l...
50Must a lawyer obtain a client’s permission to disclose the client’s confidential information if the lawyer is seeking confidential legal advice reg...
51Under what circumstances do the MRPC permit a lawyer to reveal information relating to the representation of a client without informed consent or i...
52A lawyer represented the husband in a divorce. The divorcing couple owned a business, the division of which was an issue in the divorce. During the...
53Before disclosing information under an exception to the MRPC’s general confidentiality rule, should a lawyer attempt to convince the client to act ...
54Under the MRPC, if a court orders a lawyer to reveal confidential information, what procedure must the lawyer follow in responding to the order?
All flashcards
54 cards