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Fall '24 Legal Ethics & Professional Responsibility Chs. 3 & 4

Horizontales
Rule of Professional Conduct 1.6(c) requires an attorney to make reasonable efforts to prevent the ___ or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.
Non-lawyers are prohibited from practicing law in order to ___the public from those who are not properly licensed or qualified to act as attorneys and who may irreparably damage the legal interests of people they are "assisting."
Attorney-client privilege is protected in state legislation regarding the competency of witnesses. For example, Indiana's statute provides: “Except as otherwise provided by statute, the following persons shall not be required to testify regarding the following communications: (1) Attorneys, as to ___ communications made to them in the course of their professional business, and as to advice given in such cases.” Ind. Code § 34-46-3-1(1).
An exception to the general rule that attorneys are prohibited from practicing law in a state they are not licensed to practice in is called admission pro hoc vice, by which an out-of-state attorney may seek ___ admission in a court if a member of the bar of that state has appeared and agreed to act as co-counsel in the case.
Under Model Rule of Professional Conduct (and Indiana's parallel rule) 1.6, a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the ___, or the disclosure is permitted in a list of specific exceptions contained in that rule.
The ___ of confidentiality also applies to the nonlawyers in a law office.
The ___ that a paralegal may perform include: Interviewing clients and witnesses; Engaging in legal research; Drafting (but not executing) legal documents; Drafting (and on occasion signing) legal correspondence (so long as the correspondence gives no legal advice); Drafting (but not signing) pleadings; Assisting with discovery.
Under Model Rule of Professional Conduct (and Indiana's parallel rule) 1.6, a lawyer shall not reveal information relating to the representation of a client unless the client gives ___, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted in a list of specific exceptions contained in that rule.
Some state statutes make the unauthorized practice of law a ___.
Establishing legal fees, which nonlawyers (including paralegals) are forbidden from doing, means stating or giving the impression that an ___ on fee arrangements has been made.
The ___ practice of law occurs when: 1. A private citizen engages in activities that are only allowed to be done by attorneys; 2. A paralegal exceeds their authority as defined by local law and rules of court; 3. An attorney practices law without admission to the jurisdiction or permission from the bar; and 4. An attorney engages in otherwise lawful behavior during a period of suspension or disbarment.
The attorney-client privilege may not protect statements made in the presence of ___.
One can become a prospective client to whom the attorney owes a duty of confidentiality based on a one-way communication of information in an email, voicemail, or letter seeking legal assistance if the attorney or law firm advertises in a way that specifically requests or invites the submission of information about a potential representation without clear and reasonably understandable warnings and cautionary statements that ___ the lawyer’s obligations.
Even if a particular item of client information may not be protected by the attorney-client privilege, as a practical matter, it is best to err on the side of ___ as to making decisions on whether to protect client information.
One exception to the duty of confidentiality under Rule 1.6 provides the lawyer the ability to ___ themselves and/or to bring a claim (for example for unpaid legal fees) against the client. Specifically, the rule provides that “A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary…to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer’s representation of the client.
The big three activities paralegals are prohibited from doing include: giving ___ advice; establishing the attorney-client relationship; and establishing legal fees.
Verticales
While the attorney’s duty of confidentiality to their client is an ethical duty, a duty of professional responsibility, the___ privilege is a discovery and evidentiary protection. The ___ privilege concerns when client information can be turned over to the opposing party during the discovery phase, or other phases of litigation. The ethics rule on confidentiality prohibits the voluntary disclosure of client information, while the ___ privilege (from a statute) prevents the forced disclosure of confidential communications.
According to the ABA, and many court jurisdictions, communicating via ___ does not violate the duty of confidentiality because there is reasonable expectation of privacy with this technology, and because federal law prohibits wiretapping. But lawyers are obligated to warn their clients about the risk of using electronic communications (including ___) whenever circumstances present a “significant risk.”
"Giving legal advice," which nonlawyers are forbidden from doing, means applying the law, including legal principles, to a specific ___ pattern.
The Model Rules of Professional Conduct require that a lawyer who receives a document or electronically stored information relating to the representation of the lawyer's client and knows or reasonably should know that the document or electronically stored information was inadvertently sent shall promptly ___ the sender.
Providing clients or prospective clients with legal __ is the cornerstone of what it means to practice law and underlies each of the other activities that constitute the practice of law.
Practice of law during an attorney's suspension is so that the attorney has a ___ for unethical conduct and to deter future unethical conduct.
There are many steps law offices should take to ___ confidentiality, attorney-client privilege, and inadvertent disclosure. (Identifying and describing these "tips" would be a good essay question.)
The attorney's duty of confidentiality to a client even survives the client’s ___ in most situations.
Attorneys may not reveal information regarding a client’s ___ criminal conduct, even where it would bring closure to a community or victim’s family.
The ___-product rule protects from discovery documents and other tangible things created by the attorney, client or their agents in connection to litigation unless there’s a showing of substantial need, no equivalent, and the materials are NOT mental impressions, theories, or legal strategies.
Statements made to a paralegal in an attempt to seek legal assistance are covered by the attorney-client privilege, even where the jurisdiction’s attorney-client privilege ___ doesn’t mention paralegals.
"Establishing the attorney-client ___," which nonlawyers (including paralegals) are forbidden from doing, means stating or giving the impression that the prospective client’s case will be taken.
When the client is an organization and not a natural person, it is the organization, not the individual officers or employees, who is the client and is owed the ___ of confidentiality. So if one represents an organization, what an employee tells the attorney can be shared with the organization's officers, but not outside of the organization.
Under Rule of Professional Conduct 1.6 attorneys have an ethical duty to keep client information ___. (Explaining the reasons for this ethical duty would be a good essay question.)
Clear ___ is the most simple way to reduce the likelihood of unauthorized practice of law in a law office.
Informed consent-giving one’s agreement to take a certain action, including doing nothing, after having received a full explanation of the possible ___ of taking that action.
One category of exceptions to the duty of confidentiality under Rule 1.6 includes exceptions related to the ___ or mitigation of client criminal conduct or fraud.
Discovery is the rule-governed information gathering and information exchange that takes place before a trial. The attorney-client privilege is implicated in discovery when lawyers claim that requested information is ___ against disclosure by the attorney-client privilege.
Another category of exceptions to the duty of confidentiality is where a court issues a(n) ___ to disclose a client confidence, for example a(n) ___ to comply with a subpoena.
With very few exceptions, paralegals do not work independently because their work must be ___ by an attorney. If a paralegal works as independent contractor their work must also be __ by an attorney.
Federal Rule of Evidence 502 provides that inadvertent disclosure does not ___ the attorney-client privilege, and does not ___ work-product protection, but only if (1) the disclosure is inadvertent; (2) the holder of the privilege or protection took reasonable steps to prevent disclosure; and (3) the holder promptly took reasonable steps to rectify the error. But some state court jurisdictions take the position that even inadvertent disclosure does ___ the privilege.
The duty of confidentiality can begin when a person seeking legal advice is only a prospective client, even before a lawyer has agreed to ___ the case. Model Rule 1.18, Duties to Prospective Client, defines a prospective client as someone who discusses the possibility of hiring the lawyer. (Explaining the reasons behind this rule would be a good essay question.)