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| .,.,.,.,.,.,.,.,...,.,.,.,.,.,.,.,.,.,.,.,,,.,.,., | 06/30/12 |
| wishiwerntapostr | 06/30/12 |
| .,.,.,.,.,.,.,.,...,.,.,.,.,.,.,.,.,.,.,.,,,.,.,., | 06/30/12 |
| wishiwerntapostr | 06/30/12 |
| .,.,.,.,.,.,.,.,...,.,.,.,.,.,.,.,.,.,.,.,,,.,.,., | 06/30/12 |
Poast new message in this thread
Date: June 30th, 2012 11:55 AM
DUTY OF CONFIDENTIALITY L may not knowingly disclose confidential information, or use such info to the disadvantage a client or advantage the L or a 3P such as another client or firm. Confidential info consists of info gained during or relating to the rep of the client which is: o Protected by the A/C privilege o Likely to be embarrassing or detrimental to client o Info the client has requested to be confidential This duty is broader than the obligation to preserve the AC privilege which only addresses confidential info b/w A and C. Ex: Client comes in and tells u about 3 murders that happened two years ago → You do nothing; its a past crime. Ex: Client says he told his friend about the murders too → you do nothing; confidential info, its detrimental/embarrassing.
Exceptions to the Duty of Confidentiality An L may reveal confidential information in the in the following circumstances: o When permitted or required by rules, law or court order Ex: Judge says you have to reveal → You MAY reveal o To obtain legal or ethical advice for L. Use of hypos are ok o To prevent client from committing a crime o To prevent reasonably certain death or SBI. This allows the L to disclose client confidences to protect 3Ps such as children from serious risk of harm. To withdraw a written or oral opinion or rep previously given by the L and reasonably believed by the L still to be relied upon by a 3P, where the L has discovered that the opinion or representation was based on materially inaccurate information or is being used to further a crime or fraud. o Ex: L may w/d statement of net worth filed by L in a matrimonial action if the L subsequently learns that the info contained therein is false. Disclosure of info necessary to: o Collect a fee / to defend self from accusation of wrongful conduct Client has provided an informed consent to the disclosure or the disclosure is impliedly authorized to advance the best interests of the client. o An L who represents a client before a tribunal and who knows that a person intends to engage, is engaging or has engaged in crim conduct must take reasonable measures to the tribunal. This rule applies even if the L has to reveal confidential information. Ex: During trial, client falsely testifies. You can 1) ask the client to correct testimony and warn of consequences, or (2) you correct it. An L may refuse to offer evidence, other than the testimony of a D in a criminal matter that the L reasonably believes is false.
Prospective Clients A person who discusses with L about the possibility of entering into a L/C relationship → prospective. o Communicated info unilaterally to L; w/o any reasonably expectation that the L is willing to discuss the possibility of forming a L/C relationship o Communicates to disqualify L for materially adverse rep or substantially related mater: no DOConf
SAFEGUARDING MONEY & PROPERTY OF CLIENTS AND OTHERS
Retainers Advance Fees: belongs to the client (goes into the CTA) General Retainer: belongs to the attorney (goes into the Ls account)
Separate Accounts Operating: firms account (to pay bills, salaries, etc) Client Trust: only clients money goes here o Account must be in NY o Funds to maintain account are the only L funds that can be put in a CTA o Dishonored Check Reporting: client funds must be placed that will provide this when check ounces. A copy of the report is mailed to the L after 10 days and also grievance committee. An L cannot deposit additional personal money.
Genearl rule of CTAs: have one, use it, keep records of its use and dont comingle funds.
CTA issues: o Dispute of Fees: if client insists that an L did a certain amount of work (1/3 of $30,000 retainer; but client says only 10%), then put 10% in the operating account, pay client the 20,000, and keep $7K in the CTA until dispute is resolved.
LITIGATION RESPONSIBILITIES
Trial Publicity restraints on public statements regarding adjudicative proceedings No stmt may be made by L that a reasonable L would expect to be disseminated if the L knows or reasonably could know it will have a substantial likelihood of materially prejudicing a proceeding. Examples are: o Character, reputation, or criminal record of party o ID of W or expected testimony o Possibility of a guilty plea, existence of a confession, and opinion as to guilt or innocence of D or suspect. o Information L knows or reasonably should know will be inadmissible as evidence o Fact that D is charged with crime unless stating it merely an accusation and that the D is presumed innocent. L may state w/o elaboration: o Dry facts of the case o Warning of danger where there is a reason to believe of a likelihood of sub harm to person or public o Crim case: info necessary to aid an apprehension of the accused
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Date: June 30th, 2012 11:56 AM |
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Date: June 30th, 2012 11:57 AM |
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Date: June 30th, 2012 12:00 PM |
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Date: June 30th, 2012 12:01 PM
lol no panic just confused. |