Chapter 5 Conflicts of Interest - Part 1 Spring 2015

Professional Responsibility
Ch. 4 The Lawyers Duty of

Confidentiality
George W. Conk
Adjunct Professor of Law & Senior
Fellow
Stein Center for Law & Ethics
Room 409
212-636-7446
gconk@law.fordham.edu
April 7, 2015
C. 4 Lawyer's Duty of
Confidentiality
FR Evid 501 Privilege
The common law as interpreted by

United States courts in the light of
reason and experience governs a
claim of privilege unless any of the
following provides otherwise:
- the United States Constitution;
- a federal statute; or
- rules prescribed by the Supreme
Court.
But in a civil case, state law governs
privilege regarding a claim or defense
for which state law supplies the rule of
Confidentiality
Two evidentiary and testimonial

privileges against disclosure FRE 502
Attorney client privilege

- protection of confidential
communications between attorney
and client
Work-product privilege
Tangible material or intangible
equivalent prepared in anticipation of
litigation or trial
The privilege belongs to the
client
Confidentiality
Attorney Client Privilege
1) protects communications
2) between privileged persons
3) in confidence
4) for the purpose of providing legal

assistance
Confidentiality
Work-Product Privilege
A barrier to discovery
Not a rule of evidence
Confidentiality
Work Product Privilege

FRCvP Rule 26
A limitation on discoverable material

Documents and tangible things
prepared in anticipation of litigation
or for trial
May be overcome on showing of
substantial hardship
Court must protect against disclosure of
the mental impressions, conclusions,
opinions, or legal theories of a party's
attorney or other representative
Confidentiality
Privileges are in derogation of

search for truth
1) Party asserting privilege has the

burden of proof that either
- the communication is between
attorney and advice-seeking client or
agent OR
- it is attorney work product (notes,
impressions, legal theories not
facts)
AND it has not been disclosed to a
stranger to the representation
Confidentiality
Q. 4-1 Client leaving dirty picture show

What is the proper finding for the disciplinary
committee? P.316
(A) The lawyer violated no duties
because the information about the
clients whereabouts was not
protected by the attorney-client
privilege.
(B) The lawyer violated the duty of
confidentiality because the
information was privileged.
Confidentiality
Q. 4-1 Client leaving dirty picture show

What is the proper finding for the disciplinary
committee?
(C) The lawyer violated the duty of
confidentiality because the
information was related to the
representation and was not covered
by any of the exceptions.
(D) The lawyer violated no duties
because the information was not
secretit was
known by the woman who was with his
client at the time.
Confidentiality
Model Rule 1.6: Confidentiality of

Information
(a) 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 representation or
the disclosure is permitted by
paragraph (b).
Confidentiality
10
Restatement 60 A Lawyer's Duty to Safeguard

Confidential Client Information
(1) During and after

representation of a client:
(a) the lawyer may not use or
disclose confidential client
information if there is a
reasonable prospect that doing so
will adversely affect a material
interest of the client or
the client has instructed the
lawyer not to use or disclose such
information
Confidentiality
11

61 Using or Disclosing Information to

Advance Client Interests
A lawyer may use or disclose

confidential client information when
the lawyer reasonably believes that
doing so will advance the interests
of the client in the representation.
Confidentiality
12
Q. 4-2, p. 317 Must the lawyer produce the

surveillance tape?
(A) No, because it is privileged.
(B) No, because to do so would
violate Lawyers duty of
confidentiality.
(C) Yes, because the information is
not privileged and the lawyer must
turn over non-privileged information
if a lawful demand is made.
(D) Yes, because even though the
information is privileged, the Lawyer
must comply with a discovery
Confidentiality
13
M.R.P.C. 1.6 (b) (6)
(b) A lawyer may reveal

representation of a client to the
extent the lawyer reasonably
believes necessary:
(6) to comply with other law or a

court order.
Confidentiality
14
Exceptions to Confidentiality Lawyer's Duties

to a Client Restatement 61-67
- to advance client interests (61)

- with consent (62)
- when required by law (63)
- in self-defense by attorney (64)
- in a fee dispute (65)
- to prevent death or serious bodily
harm (66)
Confidentiality
15
Q. 4-3, p. 324 Is this a good

deal?
How is this communication to be

treated?
(A) As privileged, because the client

was speaking in confidence to the
lawyer.
(B) Not privileged, because the client

was not seeking legal advice, and
Confidentiality
16
Q. 4-3, p. 324 Is this a good

deal?
(C) Privileged, if the dominant intent

is to seek legal advice, and within the
duty of confidentiality.
(D) Privileged, if there was any intent
to seek legal advice, but not
protected by the duty of
confidentiality as its disclosure would
not injure the client
Confidentiality
17
Protected
Communications
Between attorney (or agent)
and client
Confidentiality
18
The communications
requirement
Communications (Not facts)
are privileged
Confidentiality
19
Communications between whom?
Attorney and client or clients

agents within the scope of the
representation of the client
- shareholders?
- directors?
- officers
- control group?
- employees
- experts/consultants
Confidentiality
20
Q. 4-4 P. 330 Can the lawyer refuse to testify

that he saw the former client skiing?
(A) No, because the information is not a
communication and therefore is not
protected by the privilege.
(B) No, because the attorney no longer
represents the client.
(C) Yes, because turning over the
information could subject the lawyer to
discipline for violating Model Rule 1.6.
(D) Yes, because the privilege means
that the lawyer cannot be forced to
testify against his client.
Confidentiality
21
In re County of Erie (2007), p. 307
Should the privilege of attorney

client confidentiality be broader or
narrower for public entities?
To prevail plaintiffs needed to show
an intentional tort i.e. that the
County had a policy of invasive strip
searches.
Shouldnt the centrality of that issue
lead to disclosure of all relevant
communications between County
lawyers and officials?
Confidentiality
22
NJRE 504 Atty Client Privilege
The privilege shall be claimed by

the lawyer unless otherwise
instructed by the client or his
representative
The privilege may be claimed by

the client in person, or if
incompetent or deceased, by his
Confidentiality
guardian or personal
23
Disclosure to someone other than the

privileged persons lawyer* is a waiver
Unless
- Disclosure was inadvertent
- privilege holder took reasonable
measure to prevent disclosure
- privilege holder took reasonable
steps to rectify disclosure
* or agents of lawyer
Confidentiality
24
Common interest agreement
Parties who agree share

confidential information
pursuant to a common defense
or litigation strategy or in a
common matter have not waived
confidentiality thereby.
Confidentiality
25
Upjohn v. United States (1981)
The attorney-client privilege is the

oldest of the privileges for
confidential communications known
to the common law.
Its purpose is to encourage full and
frank communication between
attorneys and their clients and
thereby promote broader public
interests in the observance of law
and administration of justice
Confidentiality
26
Upjohn warning ABA White Collar

Crime Section
I am a lawyer for Corporation A. I

represent only Corporation A, and I
do not represent you personally.
I am conducting this interview to
gather facts in order to provide legal
advice for Corporation A. This
interview is part of an investigation
to determine the facts and
circumstances of X in order to advise
Corporation A how best to proceed.
Confidentiality
27
Upjohn warnings - ABA
Your communications with me are

protected by the attorney client
privilege. But the attorney client
privilege belongs solely to Corporation
A, not you. That means Corporation A
alone may elect to waive the attorney
client privilege and reveal our
discussion to third parties. Corporation
A alone may decide to waive the
privilege and disclose this discussion to
such third parties as federal or state
agencies, at its sole discretion, and
Confidentiality
28
Upjohn warning, contd
In order for this discussion to be

subject to the privilege, it must be kept
in confidence. In other words, with the
exception of your own attorney, you
may not disclose the substance of this
interview to any third party, including
other employees or anyone outside of
the company. You may discuss the facts
of what happened but you may not
discuss this discussion.
Do you have any questions?
Are you willing to proceed?
Confidentiality
29
Upjohn v. United States (1981), p. 332
Who holds the privilege?
Why does the court reject the control

group test as too narrow?
What options do the prosecutors

have after Upjohn?
Confidentiality
30
Upjohn v. United States (1981), p. 332
Arent the questionnaires the most

efficient way for the prosecutors
office to get what it needs?
What was the Magistrates error
regarding the work product privilege?
Confidentiality
31
Sharing within an organization
Disclosures regarding a legal matter

of the entity
Among its agents or privileged
persons
Who reasonably needs to know in
order to act for the corporation
Do not waive the attorney client
privilege of confidentiality
Confidentiality
32
Restatement 3rd LGL: 73 The Privilege for

an Organizational Client
When a client is a corporation,

unincorporated association,
partnership, trust, estate, sole
proprietorship, or other forprofit or not-for-profit
organization, the attorney-client
privilege extends to a
communication that:
Confidentiality
33

(1) otherwise qualifies as

privileged under 68-72;
(2) is between an agent of the
organization and a privileged
person as defined in 70;
(3) concerns a legal matter of
interest to the organization; and
Confidentiality
34

(4) is disclosed only to:

(a) privileged persons as defined
in 70; and
(b) other agents of the
organization who reasonably
need to know of the
communication in order to act
for the organization.
Confidentiality
35
Only clients are

protected
When they seek legal advice
for themselves
Confidentiality
36
In re G.J.Subpoena(4th Cir. 2005) p. 340
We represent the company. These

conversations are privileged, but the
privilege belongs to the company
and the company decides whether to
waive it. You are free to consult with
your own lawyer at any time.
"We can represent [you] until such
time as there appears to be a conflict
of interest, [but] . . . the attorneyclient privilege belongs to AOL and
AOL can decide whether to keep it or
waive it.
Confidentiality
37
(1) the asserted holder of the

privilege is or sought to become
a client
(2) the person to whom the
communication was made
(a) is a member of the bar of a
court, or his subordinate and
(b) in connection with this
communication is acting as a
lawyer
Confidentiality
38
(3) the communication relates to

a fact of which the attorney was
informed
(a) by his client
(b) without the presence of
strangers
c) for the purpose of securing
primarily either (i) an opinion on
law or (ii) legal services or (iii)
Confidentiality
39
and not
(d) for the purpose of

committing a crime or tort; and
(4) the privilege has been
(a) claimed and
(b) not waived by the client.

Confidentiality
40
The joint defense privilege protects

communications between parties
who share a common interest in
litigation.
To allow persons with a common
interest to "communicate with their
respective attorneys and with each
other to more effectively prosecute
or defend their claims."
Some joint strategy reqd
Confidentiality
41
Is the communication
privileged?
Disclosures to non-lawyer
agents of the representation
In re New York Renu p. 347
Report of special master
Confidentiality
42
Renu Moisture-Loc privilege

claims
Two email chains

1) Corp and Exec to CEO, General
Counsel and Hill & Knowlton PR firm
Denied
2) Corp exec to CEO re need to seek
legal advice from GC Sustained
3) Hill and Knowlton suggest
mechanism for redemption of
defective items Denied
Confidentiality
43
`Kovel doctrine Disclosure to

non-lawyers is protected IF
1) Communications predominant
purpose is to seek legal advice
2) Disclosure limited to those with
need to know advice of counsel
3) State privilege law applies in
diversity or FTCA case
4) Communication to non lawyer
must be necessary to promote
the lawyers effectiveness
Confidentiality
44
Is communication with a PR firm

`necessary to the representation?
1) NO a media campaign is not a

litigation strategy Haugh v. Schroder
(2003)
2) Foreign language company needed
help from PR firm Copper Market Antitrust Lit (2001)
3) PR firm helped counsel create an
atmosphere to influence prosecutor In
Re. G.J. (2003)
4) NY waiver unless disclosure
absolutely necessary to lawyers
Confidentiality
45
Q. 4-5 p. 352 Expectation of

confidentiality
Is the negative information obtained by the

law firm protected by the attorney-client
privilege?
(A) Yes
(B) No
Confidentiality
46
U.S. v. Hatcher (2003) p. 330
Because the inmates and their

lawyers were aware that the
conversations were being
recorded they had no reasonable
expectation of privacy
Confidentiality
47
Waiver of the privilege
Intentional relinquishment of
a known right
Forfeiture
Confidentiality
48
Which of the following is correct?

Q. 4-6, p. 357
(A) The report is not privileged,

because the law firm was acting as a
factual investigator, and so the legal
advice requirement of the privilege
is not met.
(B) The corporation waived any
privilege by disclosing the report to
the Department of Justice.
Confidentiality
49
Which of the following is correct?

Q. 4-6, p. 357
(C) There was no waiver, because the

corporation was forced to turn over
the report to the Department of
Justice, in order to avoid a criminal
prosecution.
(D) The private parties cannot take
advantage of the waiver, because it
was not a general waiver, and the
Department agreed to keep the
disclosure confidential.
Confidentiality
50
Development of F.R. Evid,. 502

limitations on waiver of
privilege
Pre-rule case law:
1) only intentional disclosure is a

waiver
2) careless disclosure and no

retrieval = waiver
3) any inadvertent disclosure is a

Confidentiality
51
Fed. R. Evidence 502

Limitations on Waiver of Attorney Client
and Work Product Privileges
a) In a federal proceeding or to a
federal office or agency
b) inadvertent disclosure
c) in a state proceeding
d) federal court order may limit
waiver by disclosure
e) party agreement binds only
parties unless incorporated in a court
order
Confidentiality
52
FRE 502 Inadvertent Disclosure

not a waiver if
the disclosure is inadvertent;

the holder of the privilege or
protection took reasonable steps to
prevent disclosure; and
the holder promptly took reasonable
steps to rectify the error, including (if
applicable) following Federal Rule of
Civil Procedure 26(b)(5)(B).
Confidentiality
53
FRCP 25(b)(5)(B)
(B)Information Produced. If
information produced in discovery is
subject to a claim of privilege or of
protection as trial preparation
material, the party making the claim
may notify any party that received
the information of the claim and the
basis for it.
Confidentiality
54
FRCP 25(b)(5)(B)
After being notified, a party must

promptly return, sequester, or
destroy the specified information and
any copies it has; must not use or
disclose the information until the
claim is resolved;
Confidentiality
55
FRCP 25(b)(5)(B)
must take reasonable steps to

retrieve the information if the party
disclosed it before being notified; and
may promptly present the
information to the court under seal
for a determination of the claim. The
producing party must preserve the
Confidentiality
information until the claim is
56
Q.4-7 p. 366 Has the defendant waived the

privilege by producing the emails in the prior
litigation?
(A) No, because there has been no
showing that any waiver was intentional.
(B) No, because the court order protects
against a waiver in any subsequent
litigation.
(C) Yes, because the order in the previous
case cannot bind a person who was not a
party in that case.
(D) Yes, because the order was entered in
the absence of agreement between the
Confidentiality
57
The Crime Fraud

Exception
to the Attorney Client
Privilege
Confidentiality
58
In re Grand Jury Investigation (Schroeder)

(11th Cir.1987)
1) a prima facie showing that

- the client was engaged in criminal
or fraudulent conduct when he
sought the advice of counsel
- that he was planning such conduct
when he sought the advice of
counsel, or
- he committed a crime or fraud
subsequent to receiving the benefit
of counsel's advice
Confidentiality
59
In re Grand Jury Investigation (Schroeder)

(11th Cir.1987)
Second, there must be a showing

that the attorney's assistance was
obtained in furtherance of the
criminal or fraudulent activity or was
closely related to it.

.
Confidentiality
60
Professional Responsibility
Ch. 4 The Lawyers Duty of

Confidentiality - part 2
George W. Conk
Adjunct Professor of Law & Senior
Fellow
Stein Center for Law & Ethics
Room 409
212-636-7446
gconk@law.fordham.edu
Ch. 4 Lawyer's Duty of
Confidentiality Part 2
61
The Crime Fraud Exception
Attorneys knowledge irrelevant
Applies only when attorney is being

used in future or ongoing scheme
Triggered by clients communication

of intent to defraud or commit crime
Confidentiality
62
82 Client Crime or Fraud
No privilege if client :
(a) consults a lawyer for the
purpose, later accomplished, of
obtaining assistance to engage
in a crime or fraud or aiding a
third person to do so, or
(b) regardless of the client's
purpose at the time of
consultation, uses the lawyer's
advice or other services to
engage in or assist a crime or
Confidentiality
63
Q. 4-8, p. 373 Crime-fraud exception

to the duty to maintain confidences
A) Neither is privileged because both

statements are evidence of crie of
fraud.
B) Both are privileged because they
are part of request for legal advice
C) first is privileged, second is not
because it was made to further a
crime or fraud
D) Second statement is privileged if
Joe abandons his plan to destroy
64
Basics of the Duty of

Confidentiality
MRPC 1.6

65
Q. 4-9, p. 376 triggering the duty

under RPC 1.9 former and prospetive
clients
Subject to discipline?
A) Yes Smith was a client
B) Yes Smith was a prospective

client
c) No - Smith was not a
client
D) No - information was not

dispositive

66
Q. 4-10, p. 381 Scope of info w/i the

duty of confidentiality
A) No it is not privileged info

B) No - because the former partner
committed fraud on the tribunal
C) Yes because neither client nor
attorney was involved
D) Yes because disclosure would be
detrimental to the client

67
Q. 4-11, p. 386 info unrelated to the

representation
A) Yes he is an officer of the court

B) Yes he is impeding state access
to evidence
C) No because he did not represent
or advise the client re the prior
crimes
D) No the info was obtained in the
course of the representation
68
Q. 4-12, p. 387 to prevent death or

serious injury
A) No he had a duty to disclose

B) No he was permitted to disclose
to prevent a death
C) Yes because he cause death of
his cliet
D) Yes because death was not
reasonably certain

69
Q. 13, p. 362 destroying evidence
A) No lawyer has no duty to sit

silently while client commits a crime
B) No the information was not
privileged as advice was not sought
on that issue
C) No because disposing of a
weapon could lead to death or
serious bodily harm
D) Yes - because there is no
exception to the duty of
70
Q. 14, p. 362 client threatens suicide

May attorney disclose the fact to
authorities?
A) Yes because a future crime is not

protected by Attorney-client privilege
B) Yes because disclosure might
prevent clients death
C) No unless atty knows there have
been prior attempts
D) No because disclosure would aid
state in civil commitment
proceedings
71
Q. 4-13, p. 372 Self protection is

attorney disclosure permitted?
A) Yes unless client objects

B) Yes because an attorney has a
right of self-defense
C) No unless criminal charges have
been brought against the attorney
D) No because disclosure will harm
the client

72
Confidentiality
Definitions and black-letter
rules

73
Confidential information NY definition

Confidential information consists of
information gained during or relating
to the representation of a client,
whatever its source, that is (a)
protected by the attorney-client
privilege, (b) likely to be
embarrassing or detrimental to the
client if disclosed, or (c) information
74
Confidential information NY definition
Confidential information
does not ordinarily include (i) a
lawyers legal knowledge or legal
research or
(ii) information that is generally
known in the local community or in
the trade, field or profession to which
the information relates.
75
Model Rule 1.6: Confidentiality of

Information
(a) A lawyer shall not reveal

representation of a client unless
the client gives informed
consent,
the disclosure is impliedly
authorized in order to carry out
the representation or
the disclosure is permitted by
paragraph (b).
76
Rule 1.6 (b) exceptions to Confidentiality

of Information

believes necessary:

77

of Information
(1) to prevent reasonably certain
death or substantial bodily harm

78
Rule 1.6 (b) exceptions
(2) to prevent the client from

committing a crime or fraud that
is reasonably certain to result in
substantial injury to the financial
interests or property of another
and in furtherance of which the
client has used or is using the
lawyer's services;
79

of Information
(3) to prevent, mitigate or rectify
substantial injury to the financial
interests or property of another that
is reasonably certain to result or has
resulted from the client's commission
of a crime or fraud in furtherance of
which the client has used the
80

of Information
(4) to secure legal advice

about the lawyer's
compliance with these Rules

81

of Information
(5) 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; or
82

of Information
(6) to comply with other law

or a court order.

83

(1) During and after

representation of a client:
(a) the lawyer may not use or
disclose confidential client
information if there is a
reasonable prospect that doing so
will adversely affect a material
interest of the client or
the client has instructed the
lawyer not to use or disclose such
information
84

61 Using or Disclosing Information to

Advance Client Interests
A lawyer may use or disclose

confidential client information when
the lawyer reasonably believes that
doing so will advance the interests
of the client in the representation.

85
M.R.P.C. 1.6 (b) (6)

believes necessary:
(6) to comply with other law or a

court order.
86
Exceptions to Confidentiality Lawyer's Duties

to a Client Restatement 61-67
- to advance client interests (61)

- with consent (62)
- when required by law (63)
- in self-defense by attorney (64)
- in a fee dispute (65)
- to prevent death or serious bodily
harm (66)
87
Rule 1.18 Duties to Prospective Client

(a) A person who discusses with
a lawyer the possibility of
forming a client-lawyer
relationship with respect to a
matter is a prospective client.

88

(b) Even when no client-lawyer
relationship ensues, a lawyer who
has had discussions with a
prospective client shall not use or
reveal information learned in the
consultation, except as Rule 1.9
would permit with respect to
information of a former client.
89

(c) A lawyer subject to
paragraph (b) shall not
represent a client with interests
materially adverse to those of a
prospective client in the same or
a substantially related matter if
the lawyer received information
from the prospective client that
could be significantly harmful to
that person in the matter, except
as provided in paragraph (d)
[screening].
90

If a lawyer is disqualified from
representation under this
paragraph, no lawyer in a firm
with which that lawyer is
associated may knowingly
undertake or continue
representation in such a matter,
except as provided in paragraph
91
R. 1.9 Duties to former clients
(c) A lawyer who has formerly

represented a client in a matter
or whose present or former firm
has formerly represented a
client in a matter shall not
thereafter:

92
R. 1.9 Duties to former clients
(1) use information relating to

the representation to the
disadvantage of the former
client except as these Rules
would permit or require with
respect to a client, or when the
information has become
generally known; or
(2) reveal information relating to
the representation except as
these Rules would permit or
93
R. 3.3 Candor Toward the Tribunal

(b) A lawyer who represents a client
in an adjudicative proceeding and
who knows that a person intends to
engage, is engaging or has engaged
in criminal or fraudulent conduct
related to the proceeding shall take
reasonable remedial measures,
including, if necessary, disclosure to
94
Q. 4-14 p. 403 Lawyer self-protection

Is it proper for Attorney to reveal such
information?
(A) Yes, unless Client objects to the
disclosure.
(B) Yes, because Attorney may reveal
such information to defend herself
against a civil claim.
(C) No, unless criminal charges have
also been brought against Attorney.
(D)No, because the disclosure will be
detrimental to Client.
Confidentiality
95

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Professional Responsibility

Ch. 4 The Lawyers Duty of

FR Evid 501 Privilege

The common law as interpreted by

Two evidentiary and testimonial

Attorney client privilege

Attorney Client Privilege

2) between privileged persons

4) for the purpose of providing legal

Work Product Privilege

A limitation on discoverable material

Privileges are in derogation of

1) Party asserting privilege has the

Q. 4-1 Client leaving dirty picture show

Q. 4-1 Client leaving dirty picture show

Model Rule 1.6: Confidentiality of

(a) A lawyer shall not reveal

Restatement 60 A Lawyer's Duty to Safeguard

(1) During and after

Restatement 60 A Lawyer's Duty to Safeguard

61 Using or Disclosing Information to

A lawyer may use or disclose

Q. 4-2, p. 317 Must the lawyer produce the

M.R.P.C. 1.6 (b) (6)

(b) A lawyer may reveal

(6) to comply with other law or a

Exceptions to Confidentiality Lawyer's Duties

- to advance client interests (61)

Q. 4-3, p. 324 Is this a good

How is this communication to be

(A) As privileged, because the client

(B) Not privileged, because the client

Q. 4-3, p. 324 Is this a good

(C) Privileged, if the dominant intent

Communications between whom?

Attorney and client or clients

Q. 4-4 P. 330 Can the lawyer refuse to testify

In re County of Erie (2007), p. 307

Should the privilege of attorney

NJRE 504 Atty Client Privilege

The privilege shall be claimed by

The privilege may be claimed by

Disclosure to someone other than the

Common interest agreement

Parties who agree share

Upjohn v. United States (1981)

The attorney-client privilege is the

Upjohn warning ABA White Collar

I am a lawyer for Corporation A. I

Upjohn warnings - ABA

Your communications with me are

Upjohn warning, contd

In order for this discussion to be

Upjohn v. United States (1981), p. 332

Who holds the privilege?

Why does the court reject the control

What options do the prosecutors

Upjohn v. United States (1981), p. 332

Arent the questionnaires the most

Sharing within an organization

Disclosures regarding a legal matter

Restatement 3rd LGL: 73 The Privilege for

When a client is a corporation,