Which of the following is an exception to the confidential nature of attorney-client privilege?
Asked by: Prof. Orrin Bode PhD | Last update: September 5, 2025Score: 4.9/5 (2 votes)
Crime or Fraud Exception. If a client seeks advice from an attorney to assist with the furtherance of a crime or fraud or the post-commission concealment of the crime or fraud, then the communication is not privileged.
Which of the following is an exception to attorney-client privilege?
Not all attorney-client communications are privileged.
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 exception to client confidentiality?
Exceptions to the general rule of confidentiality
A client tells you they have committed a serious crime – Serious crime covers offences such as drug trafficking, serious assaults, sexual assaults, murder and manslaughter. It does not include minor possession offences or any offences under public health legislation.
What type of 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 therefore are not protected by the privilege.
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!
Are There Exceptions To Attorney-Client Privilege? - CountyOffice.org
What is the attorney-client privilege and list its exceptions?
Stated differently, the attorney-client privilege “protects communications made to obtain legal advice; it does not protect the information communicated.” 22 Clients and attorneys alike must bear this important fact in mind: merely conveying something to an attorney will not prevent the underlying facts from compelled ...
Which of the following best describes the attorney-client privilege quizlet?
Which of the following best defines the term attorney-client privilege? The clients right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney.
What client information is not confidential?
You will not have a duty of confidence if you are being used by a client to perpetrate a fraud, and, by analogy, any other crime. The common law has long recognised that information of this nature cannot be confidential.
What is the common interest exception to the attorney-client privilege?
Under the common interest doctrine, an attorney can disclose confidential information to an attorney representing a separate client without waiving the attorney-client privilege or attorney work product protection “if (1) the disclosure relates to a common interest of the attorneys' respective clients; (2) the ...
What is required privilege is not held by the client?
This error means your account doesn't have enough permissions to do what the program is trying to do. This usually happens when trying to create new folders or files.
What are the 4 examples of the exceptions to confidentiality?
- Child abuse or neglect: All states require professionals to report suspected child abuse or neglect. ...
- Elder abuse: ...
- Threats of violence: ...
- Severe mental illness:
Which of the following is an exception to confidentiality?
An exception to confidentiality is when the client poses a danger to others. Thus, the correct option is C. One of the most prevalent circumstances is when a client poses a danger to himself/herself or others, in which case a therapist must alert the person in danger or someone who can keep the client safe.
When can there be an exception to patient confidentiality?
This duty of confidentiality is subject to certain exceptions that are ethically justified because of overriding social considerations, such as a patient's threat to inflict serious physical harm on a specific, identified person when there is reasonable probability that the patient will carry out the threat [2].
Which of the following is not an exception to the confidentiality rule for defense attorneys?
Final answer: The correct answer is d) knowledge of evidence of a murder that has taken place. This does not constitute an exception to the confidentiality rule for defense attorneys, which instead allows breaches for prevention of future harm, client consent, and court orders. So, the correct answer is option (d).
What is the fiduciary exception to the 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 an objection to attorney-client privilege?
Attorney-Client Privilege
When the objection from the other lawyer is due with privilege information, the judge will rule objection sustained, which means the question is not permitted, and the witness does not have to respond to the question.
Which of the following are exceptions to the attorney-client privilege?
CRIME/FRAUD EXCEPTION: Pursuant to §90.502(4)(a), there is no attorney-client privilege when the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew was a crime or fraud.
What is a common interest?
A common interest is a shared, mutual interest between two or more parties in a commercial agreement. It's like a shared goal, something that both parties want to achieve from their partnership.
What is the garner exception to the attorney-client privilege?
The Garner Fiduciary Exception
Where a fiduciary duty is owed to the shareholder or member, that shareholder or member must show good cause why the attorney-client privilege should not protect those communications from disclosure.
What is excluded from confidential information?
Typically, these exclusions include information that is publicly known, already known by the receiving party prior to disclosure, independently developed by the receiving party, or disclosed by a third party without breach of any confidentiality obligation.
What is an example of confidential client information?
Examples of confidential information include a person's phone number and address, medical records, and social security. Companies also have confidential information such as financial records, trade secrets, customer information, and marketing strategies.
What is the nature of confidential information?
Confidential information is information that has the “necessary quality of confidence,” which broadly means that the information: (i) is not common knowledge or otherwise publicly available; and (ii) its owner has treated it as confidential.
Which of the following will not waive the attorney-client privilege?
Under Federal Rules of Evidence 502 , the privilege is not waived if: The disclosure was inadvertent; The holder of the privilege took reasonable steps to prevent disclosure; and. The holder promptly took reasonable steps to rectify the error.
Which is true of attorney-client privilege?
Final answer: The truthful statement about Attorney-Client Privilege is that C. it protects disclosures by a client to an attorney and the attorney's advice to the client. It empowers the client to talk to their attorney openly, without fear that the shared information will be used against them.
What are the components of the attorney-client privilege?
The attorney-client privilege in the United States is often defined by reference to the “5 Cs:” (1) a Communication (2) made in Confidence (3) between a Client (4) and Counsel (5) for the purpose of seeking or providing legal Counsel or advice.