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Formal Opinion No. 2003-161

The State Bar of California

Standing Committee on Professional Responsibility and Conduct

Summary

A person’s communication made to an attorney in a non-office setting may result in the attorney’s obligation to preserve the confidentiality of the communication (1) if an attorney-client relationship is created by the contact or (2) even if no attorney-client relationship is formed, the attorney’s words or actions induce in the speaker a reasonable belief that the speaker is consulting the attorney, in confidence, in his professional capacity to retain the attorney or to obtain legal services or advice.

Syllabus

  • Statement of Facts
  • Discussion
    • If an Attorney-Client Relationship Exists, an Attorney Owes a Duty of Confidentiality to the Clients
    • Even in the Absence of an Attorney-Client Relationship, an Attorney May Owe a Duty of Confidentiality to Individuals Who Consult the Attorney in Confidence
    • Duties Owed to Individuals Who Consult the Attorney in Confidence

Maximum Credit Hours

.50 - Total Credit Hours
.50 - Ethics
.00 - Substance Abuse
.00 - Bias

Official Record of Attendance

 Name  Electronic Signature  Bar Number  Date

 

Any mark made by a person who intends the mark to be a signature constitutes an electronic signature. The mark could be as simple as /s/ or a complete typed name.