Related Doctrine of Work Product Immunity
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Generally, material prepared by a lawyer for litigation or in anticipation of
litigation is immune from discovery or other compelled disclosure unless
the opposition shows a substantial need for the material and an inability to
gather the material without undue hardship. A lawyer's mental impressions
or opinions are immune from discovery or compelled disclosure regardless
of the opposition's need unless the immunity has been waived. [See
Restatement §§87 - 93]
Eavesdroppers
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, In days gone by, the presence of an unsuspected eavesdropper was
sometimes held to destroy the confidentiality of a communication. Under
modern evidence law, that is no longer true; an eavesdropper can be
prohibited from testifying about a confidential communication
Kinds of Information Covered
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The ethical duty of confidentiality covers more kinds of information than
the attorney-client privilege. The attorney-client privilege protects only
confidential communications between the attorney and client (or the
agents of either of them). The ethical duty, in contrast, covers not only
confidential communications, but also any other information that the
attorney obtains relating to the representation of the client, no matter what
the source of that information. The ethical duty thus applies to all
information that relates to the representation of the client, regardless of
whether it is privileged, whether the client asked for it to be kept in
confidence, and whether revealing it might harm or embarrass the client.
For purposes of this outline, the term “confidential information” means all
information protected by the duty of confidentiality expressed in ABA
Model Rule 1.6.
Compulsion vs. Gossip
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Give this one a try later!
Generally, material prepared by a lawyer for litigation or in anticipation of
litigation is immune from discovery or other compelled disclosure unless
the opposition shows a substantial need for the material and an inability to
gather the material without undue hardship. A lawyer's mental impressions
or opinions are immune from discovery or compelled disclosure regardless
of the opposition's need unless the immunity has been waived. [See
Restatement §§87 - 93]
Eavesdroppers
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, In days gone by, the presence of an unsuspected eavesdropper was
sometimes held to destroy the confidentiality of a communication. Under
modern evidence law, that is no longer true; an eavesdropper can be
prohibited from testifying about a confidential communication
Kinds of Information Covered
Give this one a try later!
The ethical duty of confidentiality covers more kinds of information than
the attorney-client privilege. The attorney-client privilege protects only
confidential communications between the attorney and client (or the
agents of either of them). The ethical duty, in contrast, covers not only
confidential communications, but also any other information that the
attorney obtains relating to the representation of the client, no matter what
the source of that information. The ethical duty thus applies to all
information that relates to the representation of the client, regardless of
whether it is privileged, whether the client asked for it to be kept in
confidence, and whether revealing it might harm or embarrass the client.
For purposes of this outline, the term “confidential information” means all
information protected by the duty of confidentiality expressed in ABA
Model Rule 1.6.
Compulsion vs. Gossip
Give this one a try later!
