Final Review

● AC relationship
○ There’s a checklist
○ No duties to third parties except for a limited exception
○ Not being misleading or frauding others–besides that only duty to your client
● Competence, Confidentiality, and Privilege
○ Privilege
■ How to meet the in re Grand Jury test
● Confidential communication for the purpose of obtaining legal
advice.
■ Communications between attorney and client
● Purpose of giving legal advice to client
■ Work product is a lawyer’s thought or mental impression
● These are attached to privileged communication
○ Confidentiality (broader than privilege)
■ Any information relating the representation that the lawyer learns about
the client during the course of representation
■ Protected by privilege, embarrassing to client, or something that client as
to be held confidential
○ Competent
■ Requisite skill and care to take on representation
● Allocation of authority
○ Lawyer controls the means
■ Subject to some constitutional constraints
○ Client decides the objective
● No Contact Rule
○ You can’t speak to someone you know to be represented about the subject matter
of the representation
■ You really have to show that you are trying to talk about the merits of the
case (cf uber case where uber sends out updated terms of service during
litigation)
○ You can speak to another lawyer (e.g. in-house counsel)
● Conflict (Class 4, 5, 6)
○ Waiver
■ 1.7(b) – informed consent, confirmed in writing, reasonable lawyer
concludes that he can provide competent representation
○ Current client
■ 1.7
■ 1.7(a)(2) – conflict with lawyer’s personal interest