Attorney-Client Privilege: Crime-Fraud Exception
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Questions and Answers

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?

  • 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?

  • 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?

    <p>&quot;Chicken and egg&quot; problem</p> Signup and view all the answers

    What burden of proof is required to invoke the crime-fraud exception in attorney-client privilege cases?

    <p>Lower than the burden at trial</p> Signup and view all the answers

    Why have courts established a lower burden of proof for invoking the crime-fraud exception in attorney-client privilege cases?

    <p>To prevent a 'chicken and egg' problem</p> Signup and view all the answers

    Who decides whether to disclose confidential information when the conditions in Rule 1.6 are satisfied?

    <p>The lawyer</p> Signup and view all the answers

    In the case of the crime-fraud exception to privilege, who is responsible for deciding if the exception is present?

    <p>Only judges</p> Signup and view all the answers

    What must a party challenging an opponent's claim of privilege prove when invoking the crime-fraud exception?

    <p>Reasonable basis to believe the client intended to further a crime or fraud</p> Signup and view all the answers

    Under which circumstance can a challenger ask the judge to review an allegedly privileged communication in chambers?

    <p>If Zolin conditions are met</p> Signup and view all the answers

    What ethical rule mandates disclosure of certain confidential communications?

    <p>Rule 3.3(c)</p> Signup and view all the answers

    How does the confidentiality exception impact attorney-client privilege if certain information is disclosed?

    <p>It may result in waiving the privilege for that information</p> Signup and view all the answers

    What burden of proof is required to challenge the privilege based on the text?

    <p>Preponderance of the evidence</p> Signup and view all the answers

    Why was the First Circuit's prima facie test deemed insufficient for the privilege?

    <p>It did not provide a factual basis for in camera review</p> Signup and view all the answers

    In what case was Napster 'abrogated' regarding interlocutory appellate jurisdiction?

    <p>Mohawk Indus. v. Carpenter</p> Signup and view all the answers

    What must a judge require before engaging in in camera review to determine the applicability of the crime-fraud exception?

    <p>A good faith belief by a reasonable person</p> Signup and view all the answers

    According to Zolin, what type of evidence can be used to meet the threshold showing for in camera review?

    <p>Any relevant evidence that is lawfully obtained</p> Signup and view all the answers

    'Chicken and egg and chicken and egg' problem mentioned refers to:

    <p>A theoretical legal dilemma</p> Signup and view all the answers

    What type of information might a lawyer be required to reveal to prevent serious violence in some states?

    <p>Confidential information</p> Signup and view all the answers

    In what circumstance might a lawyer be obligated to disclose confidential information to prevent substantial financial harm?

    <p>To prevent or remedy substantial financial harm</p> Signup and view all the answers

    Provide an example situation where a lawyer may learn about a potentially harmful product in a confidential communication.

    <p>A lawyer learning that a company is selling a defective product</p> Signup and view all the answers

    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?

    <p>Reveal confidential information to proper authorities</p> Signup and view all the answers

    Under what conditions might a lawyer be required to disclose confidential information to prevent a criminal act likely to result in substantial harm?

    <p>When the lawyer reasonably believes it is necessary</p> Signup and view all the answers

    What misconduct did David Bryan engage in with his client, leading to disciplinary action?

    <p>Revealing embarrassing confidential information to third parties</p> Signup and view all the answers

    In what setting does the self-defense exception in Rule 1.6(b)(5) require the client's disclosure to be made?

    <p>Legal forum</p> Signup and view all the answers

    Why was David Bryan publicly censured by the court?

    <p>For disclosing confidential information in a non-legal setting</p> Signup and view all the answers

    What ethical dilemma did David Bryan face in his pursuit of the client after their romantic relationship ended?

    <p>Disclosure of confidential information</p> Signup and view all the answers

    What action did the court take against David Bryan for his conduct with the client?

    <p>Public censure</p> Signup and view all the answers

    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?

    <p>Clients should have breathing room to express frustration and dissatisfaction with the legal system and its participants.</p> Signup and view all the answers

    In what context may a client's communications threatening harm be considered privileged?

    <p>A client's communications threatening harm are privileged unless the crime-fraud exception applies.</p> Signup and view all the answers

    Why did the court in the Kansas case uphold the lawyer's disclosure of the client's threat to kill his former fiancée?

    <p>The threat was used to prosecute the client.</p> Signup and view all the answers

    What is the significance of the 'breathing room' concept in attorney-client relationships?

    <p>The 'breathing room' concept allows clients to express frustrations and dissatisfaction, fostering open discussions about legal options.</p> Signup and view all the answers

    Why are a client's communications threatening harm considered privileged unless the crime-fraud exception applies?

    <p>The exception did not apply because the client did not seek the lawyer's help in harming the judge.</p> Signup and view all the answers

    What is the significance of the confidentiality exception in New Jersey Rule 1.6(b)?

    <p>To prevent criminal, illegal, or fraudulent acts likely to result in death or substantial bodily harm.</p> Signup and view all the answers

    When may a lawyer be obligated to disclose confidential information to prevent substantial financial harm?

    <p>When the lawyer reasonably believes that the client or another person may cause substantial injury to the financial interest or property of another.</p> Signup and view all the answers

    What is the primary reason behind the disclosure requirements in the confidentiality exception?

    <p>To prevent harm, whether in the form of physical injury or financial loss.</p> Signup and view all the answers

    In what context might a lawyer learn about a potentially harmful product in a confidential communication?

    <p>A lawyer may learn about defective products that can cause death or serious injury in a confidential communication.</p> Signup and view all the answers

    What ethical dilemma may lawyers face when deciding to disclose confidential information under the confidentiality exception?

    <p>Balancing client confidentiality with the duty to prevent harm and comply with legal requirements.</p> Signup and view all the answers

    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?

    <p>Clients should have breathing room to express frustration and dissatisfaction with the legal system and its participants.</p> Signup and view all the answers

    Under what circumstance might a lawyer be obligated to disclose confidential information to prevent substantial harm?

    <p>When the client seeks the lawyer's help in harming someone.</p> Signup and view all the answers

    What burden of proof is required to challenge the privilege based on the text?

    <p>The crime-fraud exception must apply.</p> Signup and view all the answers

    Why are a client's communications threatening harm considered privileged unless the crime-fraud exception applies?

    <p>Clients should have the freedom to express their frustrations within the attorney-client relationship.</p> Signup and view all the answers

    What is the significance of the 'breathing room' concept in attorney-client relationships?

    <p>It allows clients to express frustrations and dissatisfaction without fear of losing privilege.</p> Signup and view all the answers

    What was the outcome of the case involving David Bryan and his pursuit of a former client after their romantic relationship ended?

    <p>David Bryan revealed embarrassing confidential information to third parties in violation of ethical rules.</p> Signup and view all the answers

    In what context does the self-defense exception in Rule 1.6(b)(5) require the client's disclosure to be made?

    <p>The self-defense exception requires the client's disclosure to be made in a legal forum.</p> Signup and view all the answers

    What ethical dilemma did lawyers face when responding to public criticism, especially on social media?

    <p>Lawyers do not have the self-defense route available to respond to public criticism, even if it's from the client or on social media.</p> Signup and view all the answers

    What was the significance of the court's decision in Meyerhofer v. Empire Fire & Marine Insurance Co. regarding the self-defense exception?

    <p>The court clarified that the self-defense exception required disclosures to be made in a legal forum, not in any other setting.</p> Signup and view all the answers

    Why did the court in the In re Bryan case censure David Bryan for revealing confidential information about his former client?

    <p>David Bryan disclosed more information than was necessary to defend against his former client's allegations.</p> Signup and view all the answers

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