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Table Of Contents

Three Types of Authority:
Reputation in context of Apparent Authority
Duty of Confidentiality Distinguished from Attorney Client Privilege
Use of Client info for Personal Benefit
Disclosure of Client Info for Personal Benefit
Confidentiality with Multiple Clients
Entity Representation and Entity Constituents
Disclosure Authorized by Implication
EXCEPTIONS TO CONFIDENTIALITY RULE – when it is ok to breach
Lawyer Self-Defense
Physical and Economic Harm
Protecting an Entity Client
ATTORNEY-CLIENT PRIVILEGE
Traditional elements of attorney client privilege:
Attorney-Client privilege in connection with entity clients
In Confidence
Between an Attorney and a Client
Relating to Legal Advice
Entities and Privilege
Crime/Fraud exception
JOINT CLIENTS
Inadvertent Disclosure
Deliberate Disclosure
Selective and Partial Waiver
Disclosure Within Another Privileged Relationship
Common Interest Exception to Waiver = Prisoner’s Dillemma
WORK PRODUCT DOCTRINE
Prepared in Anticipation of Litigation Requirement
Civil Malpractice
Causation and Damages
Limitations and Tolling
Duties To Parties Related to Client
Misrepresentation
DUTY OF CONFIDENTIALITY
Advancing Clients Money
Alternative Funding Mechanisms (Civil Only)
Conflicts Arising from Concurrent Representation
Comment 6 to MR 1.7 – “Directly Adverse”
Limitation on Counsel’s Ability to Represent Zealously
Remedies for Concurrent Conflicts
Standing and Interlocutory Appeal
Subsequent conflicts of interest
Conflicts and Confidences obtained other than through representation
Conflicts in Criminal Cases
IMPUTATION OF CONFLICTS AND SCREENING
Imputation of Knowledge and Screening
Imputation from Lawyer to Firm
Imputation from Firm to Lawyer
Conflicts and the “Common Interest” Exception to Privilege Waiver
SCREENING
Information Transmitted to Non-Lawyers: Expert Witness Problem
Waivers Involving Entities and Entity Constituents
Relations with Insurers
Receiving Evidence
Embarrassing or Burdening Others
Fiduciary Responsibility to Firm
Mobile Lawyers
Superior-Subordinate Relations – PAGE 75 OTHER OUTLINE
Activities outside the Firm – What is in the Scope and Course of Employment
Types of Fees
FEE DIVISION
Claims Between Attorneys
Disciplinary Risks
Candor Towards Trubunal
Handling Evidence
Discovery Evidence
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Thebestawan (From Jw)

Thebestawan (From Jw)

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Published by Quin Revel

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Published by: Quin Revel on Apr 05, 2012
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12/16/2013

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