Client Confidentiality · 6-12% of the exam

Night-before checklist

Chapter 6 · 5 items

Five points, in the chapter's own order — the two shields first, work product last:

Privilege and Rule 1.6 are two different shields — privilege blocks compelled disclosure of confidential attorney-client communications; Rule 1.6 bars voluntary revelation of any information relating to the representation.
All four privilege elements must be present simultaneously; remove one and privilege doesn't attach.
Lower-level corporate employees need three additional conditions on top of the four elements.
Preexisting documents and physical evidence do not become privileged by passing to the lawyer; communications about past crimes stay protected, and communications made to further a future crime do not.
Ordinary work product yields to a combined substantial-need-and-undue-hardship showing; opinion work product is absolutely immune and must be redacted from any production.

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