Professional Responsibility and MPRE: Confidentiality, Attorney-Client Privilege, Work Product, Exceptions, Prospective Clients, Former Clients, and Disclosure Judgment
About this episode
This episode discusses the nuances of confidentiality and attorney-client privilege in legal practice.
» 📘VIEW THE COMPANION STUDY GUIDE📘[💡FREE💡] « ▬▬▬▬▬▬▬▬▬▬ EPISODE SUMMARY Confidentiality is broader than attorney-client privilege. The professional duty of confidentiality generally prohibits a lawyer from revealing information relating to representation unless the client gives informed consent, disclosure is impliedly authorized, or an exception applies. The duty applies to information from any source and continues after representation ends. Attorney-client privilege is narrower but powerful in litigation. It protects confidential communications between attorney and client made for the purpose of seeking or providing legal advice. It does not protect underlying facts. Work product protects materials prepared in anticipation of litigation by or for a party or representative. Ordinary work product may sometimes be discovered on a showing of substantial need and undue hardship. Opinion work product receives stronger protection. A lawyer may disclose confidential information with informed consent or when impliedly authorized to carry out representation. Several exceptions also permit disclosure, including preventing reasonably certain death or substantial bodily…
Topics covered
- professional responsibility
- confidentiality
- attorney-client privilege
- work product
- exceptions to confidentiality
- disclosure judgment
Keywords
- confidentiality
- attorney-client privilege
- work product
- legal advice
- disclosure exceptions
Mentioned in this episode
Organizations: The Law School of America
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