Attorney-Client Privilege: Crime-Fraud Exception

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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?

"Chicken and egg" problem Signup and view all the answers

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

Lower than the burden at trial 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?

To prevent a 'chicken and egg' problem Signup and view all the answers

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

The lawyer 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?

Only judges Signup and view all the answers

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

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

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

If Zolin conditions are met Signup and view all the answers

What ethical rule mandates disclosure of certain confidential communications?

Rule 3.3(c) Signup and view all the answers

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

It may result in waiving the privilege for that information Signup and view all the answers

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

Preponderance of the evidence Signup and view all the answers

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

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

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

Mohawk Indus. v. Carpenter 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?

A good faith belief by a reasonable person 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?

Any relevant evidence that is lawfully obtained Signup and view all the answers

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

A theoretical legal dilemma Signup and view all the answers

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

Confidential information Signup and view all the answers

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

To prevent or remedy substantial financial harm Signup and view all the answers

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

A lawyer learning that a company is selling a defective product 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?

Reveal confidential information to proper authorities 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?

When the lawyer reasonably believes it is necessary Signup and view all the answers

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

Revealing embarrassing confidential information to third parties 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?

Legal forum Signup and view all the answers

Why was David Bryan publicly censured by the court?

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

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

Disclosure of confidential information Signup and view all the answers

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

Public censure 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?

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

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

A client's communications threatening harm are privileged unless the crime-fraud exception applies. 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?

The threat was used to prosecute the client. Signup and view all the answers

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

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

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

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

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

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

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

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

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

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

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

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

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

Balancing client confidentiality with the duty to prevent harm and comply with legal requirements. 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?

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

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

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

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

The crime-fraud exception must apply. Signup and view all the answers

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

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

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

It allows clients to express frustrations and dissatisfaction without fear of losing privilege. 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?

David Bryan revealed embarrassing confidential information to third parties in violation of ethical rules. 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?

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

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

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. 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?

The court clarified that the self-defense exception required disclosures to be made in a legal forum, not in any other setting. 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?

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

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?

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?

How does the text describe the procedures for deciding when the crime-fraud exception applies?

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?

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?

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?

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?

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?

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

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?

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:

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?

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?

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?

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?

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?

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?

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?

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)?

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?

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?

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?

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?

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?

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 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?

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