Legal Ethics Mod 2

Duty of confidentiality: A lawyer shall not reveal information relating to the representation of client
unless the client gives informed consent and disclosure is in plotted authorized in order to carry out
the representation or the disclosure is permitted by an exception however, he does apply to
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potential clients and continue even after attorney. Client relationship has ended. There are
situations emoji Larrys allowed to reveal information. Aba model 1.6

Informed consent: A lawyer can reveal information if client has provided informed consent. informed
consent means that the client has received explanation from the lawyer on the impact of disclosure
alternatives to disclosure and has consented to disclosure

Implied Authorization: there is implied authorization. For example, it is applied at Lawyer will reveal
confidential information to other members of the law firm, including paralegals in order to
adequately represent client.

Exceptions
To prevent reasonably certain death or substantial bodily harm

To prevent clients crime or fraud, that is reasonably certain to the substantial injure another
persons, property, or finances

To prevent or rectify a reasonably certain substantial, popular financial injury to another

Obtain ethics advice

To establish a claim or defense on behalf of the lawyer

To comply with other large court order

To identify and resolve conflict of interest related to Lawyer’s change of employment

Attorney at times might be required to reveal confidential information as discussion with the court
Aba model rule, 3.3

Unintended disclosure

Lawyers and paralegals are required to competent, competently, safeguard client information from
unauthorized disclosure, and must make real effort to prevent the access or disclosure

Factors to be considered in determining the reasonable of the lawyers efforts

. the sensitivity of information

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. The likelihood of disclosure is if additional safeguards are not employed
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. The cost of employing additional safeguards
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. The difficulty of implementing a safeguards
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. The extent to which the safeguards adversely affected lawyers ability to represent clients
Factors to be considered in determining the reasonableness of the lawyers, expectation of
confidentiality, include the sensitivity of information and extension, which the privacy of the
communications is protected by law or buy a confidentiality agreement