Distinction Between Attorney Client Privilege And Confidentiality
1. Define attorney-client privilege. We are NOT looking for a definition of the “confidentiality rule” (Illinois Rule of Professional Conduct 1.6). However, Comment 3 following Rule 1.6 will help you understand the distinction between the attorney-client privilege, and attorney-client confidentiality. You will need to provide more than just a restatement of this comment to answer this question.
According to Comment 3: Attorney-client privilege is when a lawyer can be called as a witness or even require evidence concerning their client. The Attorney-client privilege. 2. Provide at least one hypothetical example of a situation in which a waiver of the attorney-client privilege may exist. If the attorney was informed by the client
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Please answer Parts A and B of this question.
A. Briefly describe a hypothetical factual situation which would likely mean that the paralegal working on a case would have a conflict of interest in that case. In your hypothetical, state the type of case and describe why there would likely be a conflict.
If the paralegal was working on a collision case which involved her best friend and her neighbor, but she was representing her neighbor; there would be a conflict in interest. The paralegal knows how her best friend drives, so when the neighbor makes accusations, it’s a conflict of interest because the paralegal might not agree of such. B. According to the “ABA Model Guidelines for the Utilization of Paralegal Services,” what steps can be taken in a law firm to create an effective screen in conflicts cases where the paralegal herself/himself has the conflict? Specify what precautions the law firm can take to screen the paralegal from the case in which the paralegal has a conflict. Identify and cite to the guideline and/or comment in these guidelines which govern this matter. It is insufficient to simply state that a screen must be created. You must explain ways in which the law firm employing the paralegal could create the
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