Explain the potential consequences of an inadvertent disclosure of confidential information
What will be an ideal response?
The treatment of inadvertently disclosed documents will depend on the individual jurisdiction. There are three judicial views on handling the inadvertent disclosure of confidential and privileged information: (1) automatic waiver; (2) no waiver; and (3) balancing test. Automatic waiver holds that once the confidentiality is breached, the privilege is automatically waived. No waiver holds that the privileged is destroyed only when a client makes a knowing and voluntary waiver of the privilege. Balancing test looks at several factors, including: (1) the nature of the methods taken to protect the information; (2) the efforts made to correct the error; (3) the extent of the disclosure; and (4) fairness.
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Most Chapter 7 liquidations are considered
A) Asset cases B) Deficient cases C) No asset cases D) Complete asset cases
Most real estate litigation is billed:
A. on a flat fee. B. at hourly rates. C. on a contingency fee.
____ is the process in which a decedent's personal representative settles the affairs of the decedent's estate (collects assets, pays debts and taxes, and distributes the remaining assets to heirs). This process is usually overseen by a probate court.
A. Estate administration B. Estate planning C. Probate D. Estate execution
Answer the following statements true (T) or false (F)
1. Attorneys, when having a conference with the client regarding drafting a will, it is important to determine what property the client holds, who their friends and family are, and the client’s outstanding debt. 2. Any information provided by the client to the attorney is confidential, but paralegals do not need to maintain that information in confidence. 3. Some attorneys will ask the paralegal to draw a family tree to illustrate the client’s family. 4. A client may sue a paralegal’s lawyer or law firm for malpractice if the client believes he or she was harmed by a paralegal sharing any information given by the client, which is considered confidential in nature.