a. privilege and confidentiality confidentiality: professional law, and the law of agency the duty...
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1. Role of the Privilege in General (a) “Legal Services” Problem p. 227 Is the information demanded by the police from Astor confidential? Is it privileged? Hughes, p. 227, and Dean, p. 230 Are these cases consistent with each other? Which one is most like our problem? If you were Astor, how should you respond to Cleveland’s request?TRANSCRIPT
CH. 4) CONFIDENTIALITYA. Privilege and Confidentiality
confidentiality: professional law, and the law of agency the duty of the lawyer as agent (and fiduciary) not voluntarily to disclose
addressed in MRPC 1.6 (existing clients): “information relating to the representation of a client”
and in 1.18(b) (prospective clients): “information learned in the consultation”
privilege: law of evidence right(s) of a client not to disclose
certain information in the face of authoritative demand
right/duty of lawyer to invoke it on C’s behalf
elements (Restatement 68) communication made between privileged persons (client, attorney, agents of either)
in confidence to obtain or provide legal assistance for client
1. Role of the Privilege in General(a) “Legal Services”
Problem p. 227 Is the information demanded by
the police from Astor confidential? Is it privileged? Hughes, p. 227,
and Dean, p. 230 Are these cases consistent with each
other? Which one is most like our problem? If you were Astor, how should you
respond to Cleveland’s request?
Problem p. 234 Plaintiff’s deposition of our lawyer
Harris. Which of the lines of questioning can he refuse to answer? What he observed at the factory?
N. 3 p. 235 suppose the CEO had told him
when he was retained that there had been some issues with defective products, and asked him to go on a tour to get acquainted with how the system works?
Problem p. 234 c’t’d can he refuse to disclose what
the foreman told him on the day of the tour? how is this different from what he observed?
what problems do the facts present for the privilege claim? who communicated? to whom was it communicated? did anyone other than Harris hear it?
Problem p. 234 c’t’d
can Harris refuse to disclose what the foreman told him later during his investigation? Upjohn, p. 237
Problem p. 234 c’t’d P subpoenas the statement
made by Jones to Harris. Must Harris deliver? Under what conditions?
Upjohn, p. 243 Harris tells an old friend
about the tour and the suit at a cocktail party. Is he subject to discipline?