Misusing Client Information - Model Rule 1.8(b)
Channel: Professor Stevenson
Date: 2023-12-08

Video lecture for my Professional Responsibility course (and MPRE prep) about ABA Model Rule 1.8(b), which covers the lawyer's use or misuse of information related to the representation. This is an updated/redone version of a video I recorded back in 2020.
*PREQUEL TO THIS VIDEO (watch before it): Financial Entanglements With Clients - https://youtu.be/qRTWuvWKb9Q
*SEQUEL TO THIS VIDEO (watch next): Gifts From Clients - Rule 1.8(c) https://youtu.be/PZAAkP5WYgs 

Model Rule 1.8(b) provides:
"A lawyer shall not use information relating to representation of a client to the disadvantage of the client unless the client gives informed consent, except as permitted or required by these Rules."

The ABA"s Comment 5 to Model Rule 1.8 says,
"Use of information relating to the representation to the disadvantage of the client violates the lawyer's duty of loyalty. Paragraph (b) applies when the information is used to benefit either the lawyer or a third person, such as another client or business associate of the lawyer. For example, if a lawyer learns that a client intends to purchase and develop several parcels of land, the lawyer may not use that information to purchase one of the parcels in competition with the client or to recommend that another client make such a purchase. The Rule does not prohibit uses that do not disadvantage the client. For example, a lawyer who learns a government agency's interpretation of trade legislation during the representation of one client may properly use that information to benefit other clients. Paragraph (b) prohibits disadvantageous use of client information unless the client gives informed consent, except as permitted or required by these Rules. See Rules 1.2(d), 1.6, 1.9(c), 3.3, 4.1(b), 8.1 and 8.3."

I have the comments turned off on my channel due to scammers posting marketing ads and trolls posting other inappropriate content. But if you found the video helpful and want to let me know, email me - dstevenson @ stcl.edu 

#lawschool #legalethics #legal #law 
AI disclosure - this video and/or its thumbnail probably contain one or more AI-generated images in the presentation slides for purposes of illustration, not intended to depict any actual person.