Asked by India Barnett on Jul 20, 2024
Verified
Mrs. Topp contacts your supervising attorney about representing her in a divorce case. She ultimately decides that she does not want to divorce Mr. Topp and does not hire your supervising attorney. You then mention to a friend that Mrs. Topp was considering a divorce, but has decided against it. You are
A) guilty of violation of the attorney-client privilege.
B) not guilty of violation of the attorney-client privilege because Mrs. Topp never actually hired the attorney.
C) not guilty of violation of the attorney-client privilege because Mrs. Topp did not go through with the divorce.
D) None of these choices is correct.
Attorney-Client Privilege
A legal principle that protects communication between a lawyer and their client from being disclosed to third parties, including courts.
Violation
The act of breaching, disregarding, or infringing upon a law, agreement, or prescribed rule.
Considering Divorce
The process of evaluating the legal and personal implications before deciding to legally end a marriage.
- Gain insight into the core aspects of attorney-client privilege, particularly what is considered confidential communication.
- Evaluate the impact of private discussions and choices regarding representation on the attorney-client confidentiality.
Verified Answer
WS
Wendy SmithJul 26, 2024
Final Answer :
A
Explanation :
The attorney-client privilege applies from the moment a potential client consults with an attorney about possible representation, even if the representation does not ultimately occur. Sharing information about Mrs. Topp's consideration of a divorce breaches this confidentiality.
Learning Objectives
- Gain insight into the core aspects of attorney-client privilege, particularly what is considered confidential communication.
- Evaluate the impact of private discussions and choices regarding representation on the attorney-client confidentiality.