+1 862 207 3288 LEGA 212 #2
Answer the following questions: (1) explaining your analysis and position; and (2) citing all legal authority you rely your answer(s) on.
1. Find the ethics rule of confidentiality in California.
a. How does it vary from the ABA model rule on confidentiality?
b. Which do you think is the best formulation of the rule, and why?
2. Identify the source- whether statutory, case law or court rule- of the lawyer-client privilege in California; then, define the lawyer-client privilege according to the authority you have found.
a. What is the definition of “confidential communication between client and lawyer” under California law?
b. What is the definition of “client” under California law?
c. What is the definition of “holder of privilege” under California law?
3. Does the attorney-client privilege apply in California in the case of two or more parties claiming unde3r the will of a deceased client?
a. If not, state the governing legal authority.
b. What other exceptions to the attorney-client privilege apply in California?
4. Identify the source- whether statutory, case law or court rule- of the attorney-work product privilege in California. (If source consists of more than one authority, cite all of them.)
a. Under what circumstances is an attorney’s work-product discoverable?
b. Under what circumstances is an attorney’s work-product not discoverable?
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