ALSBTALK:

Past is privileged.

Future might not be privileged.

Future serious physical injury is not privileged, in most jurisdictions.  There are a variety of mandatory duties to report (e.g., witness evidence on a child of child abuse; or, similarly elder abuse) that give specificity to that generic exclusion from privilege.  The really hairy question is primarily knowing of past child abuse via a client's oral statements about the past; without those client statements about the past, would you as a reasonable observer know enough to trigger a mandatory duty to report?

Future fraud on the court is fractionally privileged:  must withdraw prior to in some contexts and no later than immediately subsequent to in all jurisdictions.  But, the lawyer's knowing requirement of the fraud is not mere educated guess, it is scienter (e.g., "Tomorrow, on the stand, I will tell the following lie."). 

UNO Student Government use to provide malpractice insurance in exchange for providing free legal advice; funded by student fees.  That has since ended.  I foolishly told a student qua client that "everything" you tell me as your lawyer is privileged.  Of course, he then launches into his story of why he is going to murder a specific individual the next day.  Except for the fact that he was appointed neither judge nor executioner, his justifications were more than adequate.  Two hours into that "ten minute consult" I found a totally lawful path for him away from murder that he found to be more than equally satisfying.  Never again have I said "everything".  And that was the easy case for student legal services.  David Paas had a student qua client come in, display her newly purchased pistol, and ask for instructions on lawful self-defense including killing her ex who as stalking her and had been physically abusive.  Nebraska is a retreat-if-can State.  Fortunately she listened very carefully, since the next afternoon she was compelled by her ex to implement every single required step to achieve self-defense justifiable homicide.

it may be your license, but it's the client's privilege.  And, given your oath or affirmation to the court needed to obtain that license, you lack the authority to grant privilege to some client communications.

Michael

Professor  Michael  J.  O'Hara, J.D., Ph.D.    
Mammel Hall 228                                                           
Finance, Banking, and Real Estate Department               
College of Business Administration 
University of Nebraska at Omaha 
6708 Pine Street  
Omaha  NE  68182 
http://cba2.unomaha.edu/faculty/mohara/web/ohara.htm 
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