Written by attorneys · grounded in primary & secondary sources — see below
A historical Latin term for a messenger or a servant whose services are hired out by the master.
Sources & Authorities· 22 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Firm Switch and Adverse Representation
Alexis Archer left a firm that had represented Argonaut Shipping. She now seeks to represent a competitor whose interests are adverse. The competitor's matter is substantially related to the prior work. Alexis had learned protected information about Argonaut Shipping while at the old firm. The former client withholds consent. The rule bars the representation.
Counseling Session After Incident
Adam Anderson, a police officer, meets with a licensed social worker for counseling after a shooting. The communications occur during diagnosis and treatment. The social worker is later subpoenaed. The conversations qualify for protection from disclosure under federal common law.
Privilege Definition in Evidence Rule
Anika Anand's confidential communications with counsel are at issue in a federal proceeding. The court applies the definition of attorney-client privilege from the evidence rules. The protection covers only those communications the applicable law shields.
Ava Adebayo previously represented Arcadia Retail. She now considers using confidential details from that representation to aid a new client in a related dispute. The information has not become generally known. The rule prohibits using it to the former client's disadvantage.
Corporate Employee Communications
Alexandra Armstrong, an employee at Aurora Biotech, speaks with corporate counsel at her supervisor's direction. The purpose is to obtain legal advice about pending litigation. The communications receive protection even though Armstrong is not a senior manager.
Knowledge of Fraud in Proceeding
Angela Acosta represents a client in litigation. She learns the client has engaged in fraudulent conduct tied to the case. The lawyer must take reasonable remedial measures, including disclosure to the tribunal if necessary.
Common questions
Frequently Asked
1
What does the historical term ambactus describe?+
It describes a messenger or a servant whose services could be hired out by the master under ancient practice.
384 U.S. 436 (1966)Evidence
…to exercise his privilege, he has the right to do so. This is not for the authorities to decide. An attorney may advise his client not to talk to police until he has had an opportunity to investigate the case, or he may wish to be present with his client during any police questioning. In doing so an attorney is merely…