STUDY GUIDE - INTRODUCTION TO CONFIDENTIALITY

In reading the assigned material, consider the following questions:

1) What is the difference between attorney-client privilege and 1.6 confidentiality?

When does each apply?
What is the difference in coverage and scope of each?
What are the elements of the attorney-client privilege?

2) Is disclosure of client information ever required by the Model Rules? When and why? Should it be?

3) Under what circumstances is disclosure of client information permitted?

4) What, if any, discussion about cases is appropriate?

Can lawyers tell their spouses about their cases as long as they don't mention names?
Can lawyers within firms talk to each other about clients without client consent?

5) When does the duty of confidentiality begin?

When the lawyer is first consulted about the case, whether or not representation ensues?   
When the lawyer actually agrees to represent the client?
When the actual representation begins?

6) When does the duty of confidentiality end?

When the representation is over?
When the client dies?
When the information is no longer confidential?
Never?

7) How important is the duty of confidentiality? Does it really matter? What kind of interests should override confidentiality? Why?