Podcast
Questions and Answers
In the context of attorney-client privilege, when does a communication between a lawyer and client lose its privileged status?
In the context of attorney-client privilege, when does a communication between a lawyer and client lose its privileged status?
- When it is intended to obstruct justice
- Every communication loses privilege
- When it is related to any legal matter
- When it is intended to further the crime or fraud (correct)
In the case of Boe v. Joe, what must Boe do to contest Joe's assertion of attorney-client privilege based on the crime-fraud exception?
In the case of Boe v. Joe, what must Boe do to contest Joe's assertion of attorney-client privilege based on the crime-fraud exception?
- Prove a breach of contract
- Prove a legal malpractice
- Prove a defamation by Joe
- Prove a crime or fraud (correct)
How does the text describe the procedures for deciding when the crime-fraud exception applies?
How does the text describe the procedures for deciding when the crime-fraud exception applies?
- Not discussed in detail
- Easy to unpack
- Straightforward
- Difficult to unpack (correct)
What issue can arise if Boe has to prove her case to access information that will help her prove her case?
What issue can arise if Boe has to prove her case to access information that will help her prove her case?
What burden of proof is required to invoke the crime-fraud exception in attorney-client privilege cases?
What burden of proof is required to invoke the crime-fraud exception in attorney-client privilege cases?
Why have courts established a lower burden of proof for invoking the crime-fraud exception in attorney-client privilege cases?
Why have courts established a lower burden of proof for invoking the crime-fraud exception in attorney-client privilege cases?
Who decides whether to disclose confidential information when the conditions in Rule 1.6 are satisfied?
Who decides whether to disclose confidential information when the conditions in Rule 1.6 are satisfied?
In the case of the crime-fraud exception to privilege, who is responsible for deciding if the exception is present?
In the case of the crime-fraud exception to privilege, who is responsible for deciding if the exception is present?
What must a party challenging an opponent's claim of privilege prove when invoking the crime-fraud exception?
What must a party challenging an opponent's claim of privilege prove when invoking the crime-fraud exception?
Under which circumstance can a challenger ask the judge to review an allegedly privileged communication in chambers?
Under which circumstance can a challenger ask the judge to review an allegedly privileged communication in chambers?
What ethical rule mandates disclosure of certain confidential communications?
What ethical rule mandates disclosure of certain confidential communications?
How does the confidentiality exception impact attorney-client privilege if certain information is disclosed?
How does the confidentiality exception impact attorney-client privilege if certain information is disclosed?
What burden of proof is required to challenge the privilege based on the text?
What burden of proof is required to challenge the privilege based on the text?
Why was the First Circuit's prima facie test deemed insufficient for the privilege?
Why was the First Circuit's prima facie test deemed insufficient for the privilege?
In what case was Napster 'abrogated' regarding interlocutory appellate jurisdiction?
In what case was Napster 'abrogated' regarding interlocutory appellate jurisdiction?
What must a judge require before engaging in in camera review to determine the applicability of the crime-fraud exception?
What must a judge require before engaging in in camera review to determine the applicability of the crime-fraud exception?
According to Zolin, what type of evidence can be used to meet the threshold showing for in camera review?
According to Zolin, what type of evidence can be used to meet the threshold showing for in camera review?
'Chicken and egg and chicken and egg' problem mentioned refers to:
'Chicken and egg and chicken and egg' problem mentioned refers to:
What type of information might a lawyer be required to reveal to prevent serious violence in some states?
What type of information might a lawyer be required to reveal to prevent serious violence in some states?
In what circumstance might a lawyer be obligated to disclose confidential information to prevent substantial financial harm?
In what circumstance might a lawyer be obligated to disclose confidential information to prevent substantial financial harm?
Provide an example situation where a lawyer may learn about a potentially harmful product in a confidential communication.
Provide an example situation where a lawyer may learn about a potentially harmful product in a confidential communication.
What does the Rule 1.6 in New Jersey require lawyers to do if they reasonably believe a client is about to commit a serious harm?
What does the Rule 1.6 in New Jersey require lawyers to do if they reasonably believe a client is about to commit a serious harm?
Under what conditions might a lawyer be required to disclose confidential information to prevent a criminal act likely to result in substantial harm?
Under what conditions might a lawyer be required to disclose confidential information to prevent a criminal act likely to result in substantial harm?
What misconduct did David Bryan engage in with his client, leading to disciplinary action?
What misconduct did David Bryan engage in with his client, leading to disciplinary action?
In what setting does the self-defense exception in Rule 1.6(b)(5) require the client's disclosure to be made?
In what setting does the self-defense exception in Rule 1.6(b)(5) require the client's disclosure to be made?
Why was David Bryan publicly censured by the court?
Why was David Bryan publicly censured by the court?
What ethical dilemma did David Bryan face in his pursuit of the client after their romantic relationship ended?
What ethical dilemma did David Bryan face in his pursuit of the client after their romantic relationship ended?
What action did the court take against David Bryan for his conduct with the client?
What action did the court take against David Bryan for his conduct with the client?
Why did the court in In re Grand Jury Investigation uphold the lawyer's claim of privilege when the client made threats against a judge?
Why did the court in In re Grand Jury Investigation uphold the lawyer's claim of privilege when the client made threats against a judge?
In what context may a client's communications threatening harm be considered privileged?
In what context may a client's communications threatening harm be considered privileged?
Why did the court in the Kansas case uphold the lawyer's disclosure of the client's threat to kill his former fiancée?
Why did the court in the Kansas case uphold the lawyer's disclosure of the client's threat to kill his former fiancée?
What is the significance of the 'breathing room' concept in attorney-client relationships?
What is the significance of the 'breathing room' concept in attorney-client relationships?
Why are a client's communications threatening harm considered privileged unless the crime-fraud exception applies?
Why are a client's communications threatening harm considered privileged unless the crime-fraud exception applies?
What is the significance of the confidentiality exception in New Jersey Rule 1.6(b)?
What is the significance of the confidentiality exception in New Jersey Rule 1.6(b)?
When may a lawyer be obligated to disclose confidential information to prevent substantial financial harm?
When may a lawyer be obligated to disclose confidential information to prevent substantial financial harm?
What is the primary reason behind the disclosure requirements in the confidentiality exception?
What is the primary reason behind the disclosure requirements in the confidentiality exception?
In what context might a lawyer learn about a potentially harmful product in a confidential communication?
In what context might a lawyer learn about a potentially harmful product in a confidential communication?
What ethical dilemma may lawyers face when deciding to disclose confidential information under the confidentiality exception?
What ethical dilemma may lawyers face when deciding to disclose confidential information under the confidentiality exception?
Why did the court in In re Grand Jury Investigation uphold the lawyer's claim of privilege when the client made threats against a judge?
Why did the court in In re Grand Jury Investigation uphold the lawyer's claim of privilege when the client made threats against a judge?
Under what circumstance might a lawyer be obligated to disclose confidential information to prevent substantial harm?
Under what circumstance might a lawyer be obligated to disclose confidential information to prevent substantial harm?
What burden of proof is required to challenge the privilege based on the text?
What burden of proof is required to challenge the privilege based on the text?
Why are a client's communications threatening harm considered privileged unless the crime-fraud exception applies?
Why are a client's communications threatening harm considered privileged unless the crime-fraud exception applies?
What is the significance of the 'breathing room' concept in attorney-client relationships?
What is the significance of the 'breathing room' concept in attorney-client relationships?
What was the outcome of the case involving David Bryan and his pursuit of a former client after their romantic relationship ended?
What was the outcome of the case involving David Bryan and his pursuit of a former client after their romantic relationship ended?
In what context does the self-defense exception in Rule 1.6(b)(5) require the client's disclosure to be made?
In what context does the self-defense exception in Rule 1.6(b)(5) require the client's disclosure to be made?
What ethical dilemma did lawyers face when responding to public criticism, especially on social media?
What ethical dilemma did lawyers face when responding to public criticism, especially on social media?
What was the significance of the court's decision in Meyerhofer v. Empire Fire & Marine Insurance Co. regarding the self-defense exception?
What was the significance of the court's decision in Meyerhofer v. Empire Fire & Marine Insurance Co. regarding the self-defense exception?
Why did the court in the In re Bryan case censure David Bryan for revealing confidential information about his former client?
Why did the court in the In re Bryan case censure David Bryan for revealing confidential information about his former client?
