Confidentiality in Legal Representations

Play an AI-generated podcast conversation about this lesson

Which of the following is NOT a valid exception for a lawyer to reveal information relating to the representation of a client?

To reveal information to the media about a client's unethical behavior. (correct)
To secure advice about the lawyer's compliance with the ethics rules.
To prevent the client from committing a criminal act that is likely to result in imminent death or substantial bodily harm.
To establish a claim or defense on behalf of the lawyer.

Which of the following is true regarding the protection of client information under Rule 1.6?

Rule 1.6 does not protect any information that is not explicitly privileged.
Rule 1.6 protects all information relating to the representation of a client, even if it is not privileged. (correct)
Rule 1.6 only protects information during the active representation of the client.
Rule 1.6 only protects information that is considered privileged.

If a judge orders a lawyer to reveal information about a client, what is the lawyer's obligation?

The lawyer may reveal the information, but will be held liable for violating the client's confidentiality.
The lawyer must refuse to reveal the information, as client confidentiality takes precedence over a court order.
The lawyer has the discretion to decide whether or not to reveal the information.
The lawyer must reveal the information, and will not be held liable for violating the client's confidentiality. (correct)

Which of the following is true regarding the protection of business information under Rule 1.6?

Business information is impliedly authorized to be disclosed by the lawyer in order to carry out the representation, such as during negotiations. (B) Signup and view all the answers

Which of the following is NOT a valid exception under Rule 1.6(b) that allows a lawyer to reveal a client's confidential information?

To reveal information to the client's family members about the client's unethical behavior. (C) Signup and view all the answers

Which of the following statements about Rule 1.6 is correct?

Rule 1.6 protects all information related to the representation of a client, even if it is not privileged. (B) Signup and view all the answers

What is the exception to Rule 1.14.a that would allow revealing information about a client?

ABA exception to imminent bodily harm (B) Signup and view all the answers

What should be done when terminating representation to avoid confusion under C/I rules?

Send a termination letter (D) Signup and view all the answers

Why does establishing an attorney-client relationship make termination more complicated?

Relationship does not terminate easily (A) Signup and view all the answers

When does Rule 1.16 permit a lawyer to decline representation of a client?

When the client causes imminent bodily harm (B) Signup and view all the answers

Under what circumstances might a lawyer have a duty to keep updated with a former client's business or life?

If no termination letter was sent (A) Signup and view all the answers

Which provision allows revealing some information about a client to try to get new guardians appointed?

Rule 1.14(c) (C) Signup and view all the answers

Which of the following is NOT a reason why the anti-contact rule (Rule 4.2) prevents a lawyer from directly contacting the opposing client?

To allow the lawyer to settle or win a concession in the matter without interference from opposing counsel (D) Signup and view all the answers

What does Rule 8.4(a) prohibit a lawyer from doing?

All of the above (D) Signup and view all the answers

If the opposing client (Client 2) is not represented by counsel, what does Rule 4.3 require the lawyer to do?

Inform Client 2 that the lawyer represents Client 1 (A) Signup and view all the answers

What is an exception to the anti-contact rule (Rule 4.2) when the opposing party is the government?

The lawyer can communicate with the government client because citizens have a right to talk to their governmental units (B) Signup and view all the answers

Which of the following is a reason the anti-contact rule (Rule 4.2) is in place?

Both a and b (A) Signup and view all the answers

What is the main purpose of the anti-contact rule (Rule 4.2)?

Both a and b (C) Signup and view all the answers

What is the main duty of a lawyer regarding communication with the client, as per Rule 1.4?

To explain matters reasonably to enable the client to make informed decisions. (B) Signup and view all the answers

In a criminal case, what is the lawyer's responsibility if a witness intends to testify falsely?

The lawyer can tell the court that the witness is lying. (A) Signup and view all the answers

According to Rule 1.2(c), in a civil case, what can a lawyer do if the client intends to lie while testifying?

The lawyer can deny the client's right to testify. (C) Signup and view all the answers

What does Rule 1.2(b) state about lawyers representing 'bad people'?

Lawyers have an obligation to represent all types of clients. (D) Signup and view all the answers

What is an important aspect of a lawyer's competence when a client wants to start a business?

Ensuring they are competent in providing necessary legal services. (B) Signup and view all the answers

Why should lawyers still communicate with clients about means, even if they involve evidentiary objections?

To maintain transparency and preserve attorney-client communication. (D) Signup and view all the answers

What is the key issue regarding the use of informants by government prosecutors prior to indictment?

Government prosecutors argue that applying Rule 4.2 will curtail their investigations and the 6th Amendment should control instead. (D) Signup and view all the answers

What is the general rule regarding a prosecutor's ability to conduct a custodial pre-arraignment interview of a suspect who has not yet retained counsel?

The prosecutor can conduct a custodial pre-arraignment interview of a suspect who has not yet retained counsel, but this invites application of the no-contact rule and potential suppression of evidence. (A) Signup and view all the answers

What is a key reason why a defense attorney can generally talk to a victim in a criminal matter?

The victim is not represented by civil counsel, so the no-contact rule does not apply. (C) Signup and view all the answers

What is the significance of the United States v. Hammad (1988) case discussed in the text?

The case has not been followed much, even by the 2nd Circuit, so its significance is limited. (A) Signup and view all the answers

What is a key ethical rule that a government lawyer must comply with when communicating with an accused in a criminal matter?

The government lawyer must comply with Rule 8.4(a) and 4.2, which prohibit the use of deception and restrict contact with represented parties. (C) Signup and view all the answers

What is a key point made in the text regarding a 'tester' in the context of legal ethics?

A tester is someone who pretends to be what they are not, which is prohibited under Rules 8.4(a) and 4.2. (A) Signup and view all the answers