Which of the following is an exception to the attorney-client privilege requirement?
Asked by: Prof. Simeon Rippin Sr. | Last update: November 18, 2023Score: 4.7/5 (19 votes)
What are the exceptions to privileged communication?
Even between spouses, privileged communication typically does not apply in cases involving the harm, or the threat of harm, to a spouse or children in the couple's care, or to crimes jointly committed with the other spouse.
What is attorney-client privilege What are the exceptions to this rule Why are these exceptions important?
The attorney-client privilege protects most communications between clients and their lawyers. But, according to the crime-fraud exception to the privilege, a client's communication to her attorney isn't privileged if she made it with the intention of committing or covering up a crime or fraud.
What is the fiduciary exception to attorney-client privilege?
Under the fiduciary exception, legal advice provided to plan fiduciaries acting in their fiduciary capacity is not protected by the doctrine of attorney-client privilege and may be discovered by plan participants and beneficiaries (and those who stand in their shoes) in litigation.
What is the expectation to attorney-client privilege?
Expecting Confidentiality
Lawyer-client communications are covered by the attorney-client privilege only if the circumstances lend themselves to confidentiality. For example, clients who speak to their lawyers about pending lawsuits in private, with no one else present, can reasonably expect secrecy.
Attorney-Client Privilege - Waivers and Exceptions
What three elements are necessary in order to take advantage of the attorney-client privilege?
A: Firstly, the privilege requires that three things exist: 1) an attorney (including his whole office and staff) and a client; 2) a private communication; 3) the purpose of providing legal advice. Once you have those three things, the privilege covers everything and is construed very broadly.
What is an example of attorney-client privilege?
Examples of Attorney-Client Privilege
A client disclosing to the attorney that he or she hid assets in a divorce. A communication between privileged persons (attorney, client), made in confidence for the purpose of obtaining or providing legal assistance for the client.
What is a fiduciary exception?
Exceptional risk
The FDICIA includes an exception to the least cost test. A congressional study done while preparing the legislation noted that “the presence of systemic risk could require a decision to protect uninsured depositors even if it is not the least costly resolution method,” according to the FDIC.
What is the element of attorney-client privilege?
Although the precise definition of attorney–client privilege varies among state and federal courts, there are four basic elements to establish attorney–client privilege: (i) a communication; (ii) made between counsel and client; (iii) in confidence; (iv) for the purpose of seeking, obtaining or providing legal ...
What does attorney-client privilege mean?
Attorney–client privilege is "[a] client's right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney." The attorney–client privilege is one of the oldest privileges for confidential communications.
Which of the following may not be protected under the attorney-client privilege quizlet?
Which of the following may not be protected under the attorney-client privilege? A client who orally confesses to a crime. Correct!
What is the common interest privilege exception?
The common interest doctrine is an exception to the general rule that disclosure of a communication to a third party destroys any attendant privilege. In other words, the doctrine permits attorneys representing different parties with similar legal interests to share information without having to share it with others.
Under what circumstances may attorney-client privilege be ethically revoked?
Question: Attorney-client privilege may ethically be revoked under which of the following situations? Answer: The defense attorney wants to prevent their client from injuring someone.
What information is not protected by attorney-client privilege?
The privilege extends only to communications that the client intends to be confidential. Communications made in non-private settings, or in the presence of third persons unnecessary to accomplish the purpose for which the attorney was consulted, are not confidential and are not protected by the privilege.
How do you lose attorney-client privilege?
If you share the communication with a third party – for example, by forwarding an email to someone outside of your business – you can lose the protection of attorney-client privilege.
What is an exception to the communication rule?
The exception to this rule is the Postal Rule. Where post is the requested form of communication between parties or where it is an appropriate and accepted means of communication between parties, acceptance is complete as soon as the letter is posted.
What is the attorney-client privilege quizlet?
The attorney-client privilege is an exclusionary rule of evidence law. It prevents a court, or other governmental tribunal, from using the twin powers of subpoena and contempt to compel the revelation of confidential communications between an attorney and a client. b.
Does attorney-client privilege belong to client?
The privilege belongs to the client and is a protection provided by various statutes and common law for certain communications between the client and the client's attorney to encourage full disclosure of information between the client and the attorney.
Who is the privileged party in the attorney-client relationship?
The attorney-client privilege is an evidentiary privilege that protects communications between an attorney (or law firm) and the client; it is held by the client and gives rise to a privilege to refuse to disclose communications intended to be confidential between the client and his, her or its lawyer.
What is fiduciary requirements?
Fiduciaries must act prudently and must diversify the plan's investments in order to minimize the risk of large losses. In addition, they must follow the terms of plan documents to the extent that the plan terms are consistent with ERISA. They also must avoid conflicts of interest.
What is the fiduciary only rule?
Under a fiduciary standard, financial professionals are legally obligated to put their client's best interests first, rather than simply finding “suitable” investments. The new rule would have therefore eliminated many commission structures that govern the industry.
What are the rules that a fiduciary must follow?
- Act only in their best interest. Because you are dealing with someone else's money and property, your duty is to make decisions that are best for them, not you.
- Manage their money and property carefully. ...
- Keep their money and property separate. ...
- Keep good records.
What is attorney-client privilege versus confidentiality?
Attorney-client privilege is about the communications between the attorney and the client, whereas attorney-client confidentiality is about case information obtained in the course of representing the client. All privileged information is confidential, but not all confidential information is privileged.
Does attorney-client privilege cover illegal activity?
The attorney-client privilege does not cover statements made by a client to their lawyer if the statements are meant to further or conceal a crime. For this exception to apply, the client must have been in the process of committing a crime or planning to commit a crime.
What is attorney-client privilege and why is it important for a defense attorney?
The California attorney-client privilege under Evidence Code § 954, simply put, is a law that ensures that any private communication between you and your attorney remains confidential and protected from disclosure to any third party. There are only a few exceptions to this rule.