MPRE (CLIENT CONFIDENTIALITY)
EXAM QUESTIONS AND ANSWERS
When does the attorney-client privilege apply? - Answer-The attorney-client privilege
applies in judicial and other proceedings in which a lawyer may be called as a witness
or otherwise required to produce evidence concerning a client.
For a communication to be protected by the attorney-client privilege, it must be -
Answer-Intended to be confidential
The attorney-client privilege extends to communications made in the presence of -
Answer-Individuals who work for the lawyer, whose work is necessary to the lawyer to
perform his duties.
The attorney-client privilege does not extend to information obtained by a lawyer from
witnesses or third parties unless - Answer-those witnesses or third parties are
representatives of the client
The attorney-client privilege extends for life unless - Answer-waived by the client
When more than one client consults with a lawyer regarding a common legal problem,
statements made among the clients and lawyer are privileged, except where - Answer-a
later dispute arises between the clients
The work product doctrine generally protects from discovery - Answer-any records of
statements or interviews, and other tangible items prepared in anticipation of litigation
Even if disclosure of work product is ordered, documents reflecting the lawyer's mental
impressions, conclusions, opinions, or legal theories are not discoverable without -
Answer-some exceptional circumstance requiring their production
A lawyer cannot reveal information relating to the representation of a client unless -
Answer-the client gives informed consent or the disclosure is impliedly authorized in
order to carry out the representation
Name 6 exceptions to the duty of confidentiality. - Answer-(1) to prevent reasonably
certain death or substantial bodily harm;
(2) when a client used or is using the lawyer's services in furtherance of a crime or
fraud, a lawyer may disclose information to prevent, mitigate, or rectify substantial injury
to the financial interests or property of another;
(3) to obtain legal advice about the lawyer's compliance with the Rules;
(4)to detect and resolve conflicts of interest that arise from a lawyer's change of
employment or from changes in the composition of a lawyer's firm but only if disclosing
the information would not prejudice the client or compromise the
EXAM QUESTIONS AND ANSWERS
When does the attorney-client privilege apply? - Answer-The attorney-client privilege
applies in judicial and other proceedings in which a lawyer may be called as a witness
or otherwise required to produce evidence concerning a client.
For a communication to be protected by the attorney-client privilege, it must be -
Answer-Intended to be confidential
The attorney-client privilege extends to communications made in the presence of -
Answer-Individuals who work for the lawyer, whose work is necessary to the lawyer to
perform his duties.
The attorney-client privilege does not extend to information obtained by a lawyer from
witnesses or third parties unless - Answer-those witnesses or third parties are
representatives of the client
The attorney-client privilege extends for life unless - Answer-waived by the client
When more than one client consults with a lawyer regarding a common legal problem,
statements made among the clients and lawyer are privileged, except where - Answer-a
later dispute arises between the clients
The work product doctrine generally protects from discovery - Answer-any records of
statements or interviews, and other tangible items prepared in anticipation of litigation
Even if disclosure of work product is ordered, documents reflecting the lawyer's mental
impressions, conclusions, opinions, or legal theories are not discoverable without -
Answer-some exceptional circumstance requiring their production
A lawyer cannot reveal information relating to the representation of a client unless -
Answer-the client gives informed consent or the disclosure is impliedly authorized in
order to carry out the representation
Name 6 exceptions to the duty of confidentiality. - Answer-(1) to prevent reasonably
certain death or substantial bodily harm;
(2) when a client used or is using the lawyer's services in furtherance of a crime or
fraud, a lawyer may disclose information to prevent, mitigate, or rectify substantial injury
to the financial interests or property of another;
(3) to obtain legal advice about the lawyer's compliance with the Rules;
(4)to detect and resolve conflicts of interest that arise from a lawyer's change of
employment or from changes in the composition of a lawyer's firm but only if disclosing
the information would not prejudice the client or compromise the
