This forum asks you to examine the difference between confidentiality and the attorney/client privilege.
Please thoroughly discuss each of the following:
1) Discuss the difference between something being protected by confidentiality and something being privileged with any attorney/client relationship.
2) An attorney has a general duty not to disclose information relating to their client’s representation. There are several exceptions to this. Please discuss other permitted or required disclosure of information by an attorney.
3) Discuss what ethical issues are in this scenario:
Corporate lawyer Mike Mars has a long-term corporate client, Bella’s Inc., which is going through a messy corporate restructuring. At the end of this process, Bella’s plans to terminate several employees, including in-house counsel Monica Jacobs. One morning, Mike receives an email from Monica stating “My friend Andy is looking for a good employment lawyer regarding a wrongful termination claim. Is there anyone at your firm who does that kind of work?” Mike responds with the name and contact information of Reggie Fitzgerald, an employment lawyer at his firm. Monica sends Reggie an email detailing the nature of the wrongful termination claim. In the third paragraph, she reveals that she is the employee at issue, not her friend Andy. Upon discovering this, Reggie stops reading the email and sends a reply stating that she cannot accept the representation because her firm represents Bella’s.