1. Legal Ethics: Seminar 3  Quiz 2 Review  Questions  Confidentiality  Attorney-Client Privilege  Exceptions  Work Product Doctrine  Inadvertent Disclosure

3. Quiz 2 Review Common Questions Missed  Providing a clarifying answer to a question, is not UPL. (remember, applying law to set of facts = UPL)  Friend gets pulled over, asks for help. Providing an answer, to the specific set of facts, is UPL.  Even when couched as hypotheticals, UPL is applied when someone acts upon legal advice given, based upon set of facts, and the law.

4. Quiz 2 Review cont. Common Questions Missed  Providing legal advice, which affects ones legal station, even if not requested, is likely UPL.  If the jurisdiction you reside in permits certain actions, conformity with those actions does not constitute misrepresentation  Even if you have graduated law school, and holds a medical degree, you can’t practice if you haven’t passed the bar exam.

5. Questions Any questions, comments or concerns? If, on the Grif question, you put B, I gave you credit (2 points). The language of the question is a bit misleading. Questions regarding the test questions?

6. Confidentiality Ethical duty, imposed by Codes of Conduct for attorneys/paralegals/staff Based upon the clients’ need to be candid and open with their attorney without fear of disclosure Anything learned during the process of representing a client may not be shared outside the legal team. Unless given permission  Note: Agreement to represent not needed for confidentiality to extend to Attorneys/Staff

7. Confidentiality cont. May not share with:  Friends  Spouses  Strangers  Co-workers who are “walled-off”  Anyone making an inquiry Continues forever, unless client waives it or information falls under a recognized legal exception  Ohio Supreme Court, Murdered Child

8. Attorney-Client Privilege Evidentiary principle, not ethical Belongs to the client, not the attorney Extends to paralegals and other law office personnel Does not automatically apply – must be invoked Each Jurisdiction has ethical rules in place, each may be unique: No uniform rules

9. Attorney-Client Privilege: Issues May Protect Attorney  Crazy client – Pro Se, I was friend of Court Paralegals  Entitled to client information due to normal course of business rule

10. Attorney-Client Privilege Videos http://www.tubechop.com/watch/262504  Any problems? http://www.tubechop.com/watch/262546  Why can’t he do that?  Was the letter just “sitting out”? http://www.tubechop.com/watch/262550  Do you agree with her position?

11. Work Product Doctrine Concerns the rules of discovery Includes analysis, legal theories, and strategy prepared in anticipation of litigation Does not include ordinary reports, data analysis, or summaries prepared in the course of business May extend to third-party communications Exceptions are made for certain governmental attorneys

12. Work Product Doctrine cont. Unique Issues  Page 88, ch. 3 Email Cellphones Computers General Rule:  Strategy, impressions, theories all protected

13. Attorney-Client Privilege Exceptions Page 85-86 Exceptions  Job  Waiver Talking too loudly can constitute a waiver  Defending Against Client Actions  Commissions of Crime  Preventing Crime Jurisdiction decides if mandatory or not. Model Rule Protects against Imminent Harm  Not Information

14. Inadvertent Disclosure Accidental releases of confidential or privileged information may occur. May be handled in a variety of ways:  Automatic waiver (if confidentiality is breached with communications to a third party, privilege is automatically waived)  No waiver (if there has been no knowing and voluntary waiver by the client, privilege is not waived)  Balancing Test looks to Nature of the methods taken to protect the source Efforts made to correct the error Extent of the disclosure Fairness

15. Theoretical Questions Bob works at fancy law firm, working with many Hollywood clients. He is retiring, and is approached to write a movie script. Should Bob get permission to write a script? Bob Barker is your client. Conducting research, you find public records that are harmful. Can you share this information with your Mom?  Note: Public information is not a defense

16. Theoretical Questions cont. Bob Barker marries Howard Stern for all his money. Howard brings a suit, and you represent Bob. Bob tells you, and you alone, he did it so he could scam Howard out of his money. Howards attorneys call you to the stand as a witness. What happens? You suspect Bob may have lied to you during trial prep against Howard. Should you tell the supervising attorney? Does attorney-client privilege apply?