The rule statements for exceptions 3 and 5 to the duty of confidentiality are ridiculously unwieldy: "To prevent, mitigate, or rectify substantial injury to the financial interests or property of another that’s reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the lawyer's services." "To establish a claim or a defense on behalf of the lawyer in a controversy between the lawyer and the client to establish a defense to a criminal charge or a civil claim against the lawyer based upon conduct in which the client was involved or to respond to allegations in any proceeding concerning the lawyer’s representation of a client." I get that it helps us to compress these to their essential points, but it'd be nice to have that done by providers so that we have more time to work through problems and focus on application.
The rule statements for exceptions 3 and 5 to the duty of confidentiality are ridiculously unwieldy:
"To prevent, mitigate, or rectify substantial injury to the financial interests or property of another that’s reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the lawyer's services."
"To establish a claim or a defense on behalf of the lawyer in a controversy between the lawyer and the client to establish a defense to a criminal charge or a civil claim against the lawyer based upon conduct in which the client was involved or to respond to allegations in any proceeding concerning the lawyer’s representation of a client."
I get that it helps us to compress these to their essential points, but it'd be nice to have that done by providers so that we have more time to work through problems and focus on application.