Client Relations and Ethics Flashcards

What is the attorney-client privilege?

Answer: A protection for confidential communications between attorney and client

Attorney-client privilege protects confidential communications between a lawyer and their client from disclosure, encouraging open communication.

What is a 'conflict of interest' in legal ethics?

Answer: A situation where a lawyer's representation of one client may be adverse to another

A conflict of interest occurs when an attorney's personal interests or duties to another client may compromise their ability to represent a current client's best interests.

What is the duty of confidentiality owed by a lawyer to a client?

Answer: An obligation not to disclose information relating to the representation

The duty of confidentiality requires attorneys to protect all information relating to the representation of a client, even after the representation ends.

What does 'informed consent' mean in the context of legal representation?

Answer: The client agrees to a course of action after being advised of material risks and alternatives

Informed consent requires that a client be fully advised of the relevant facts, risks, and alternatives before agreeing to a proposed course of legal action.

What is the Model Rules of Professional Conduct?

Answer: The ABA's ethical guidelines for attorney conduct adopted by most US states

The Model Rules of Professional Conduct is a set of ethical standards for lawyers developed by the American Bar Association and adopted in some form by most US states.

What constitutes 'zealous advocacy' by an attorney?

Answer: Diligently representing a client's lawful interests within ethical bounds

Zealous advocacy means an attorney must diligently and thoroughly represent their client's legal interests, but only through means permitted by law and professional ethics.