Questions tagged [attorney-client-privilege]

For questions about the attorney-client privilege, the concept that protects certain forms of communication between a client and his or her attorney form being used in court.

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Do lies about privileged conversations break the privilege?

It's generally the rule that communications seeking or providing legal advice are privileged if they are made in a confidential context, and that the client can erode or destroy the protection of ...
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How to explain your case to an attorney such that you are represented satisfactorily?

This is the original question of which was later broken up into two parts. See the other question here. Typically, I find that when speaking with an attorney, the attorney's #1 priority is protecting ...
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Attorney Client Privilege: Disclosure within Evidence

Florida Statues Provides A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if the person, or the person's predecessor while holder of ...
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What rights does a client have in Japan to protect their privacy from being leaked by their lawyer?

I know attorney-client privilege isn't really a legal principle in Japan, yet, but without it how do Japanese clients protect their privacy/confidentiality? Recently I watched some Japanese legal ...
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The court does, but does your attorney have any duty to assume you are truthful for the sake of a problem spotting?

When a complaint is first filed, per case law, courts have a duty to assume each allegation you make on information and belief as long as they are each not contradicting any other statement or other ...
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A Lawyer recieves an unintended letter from a client. Is it privileged?

This is based on a situation in a mystery novel. In the novel a lawyer receives an envelope addressed to him by a client, in the client's handwriting, which the lawyer knows well. But the letter ...
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Does putting a dollar in a lawyer's pocket entitle you to attorney client privilege (like Saul Goodman from breaking bad)

Breaking Bad Season 2 Episode 8, Saul Goodman tells Walt and Jesse (who just kidnapped him) to put a dollar in his pocket so they'll have attorney-client privilege. first things first you're gonna ...
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Can a lawyer use privileged information to collect fees from a client?

Suppose that: A client is in debt to an attorney for legal services. That attorney learns, in the necessary and proper course of representing the client, that the client is receiving some payments. ...
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Accountability for Attorneys - does it exist? [closed]

I’ve had a number of initial consultations with various attorneys for estate planning and entity structuring, and almost every one of the opinions I’ve heard is different and often contradictory. If I ...
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How to ask if someone is my attorney?

I hired an attorney for a civil matter. Another attorney at the firm has been communicating with me a lot and I find some of the things he says and the questions he asks me odd. Is there a way I can ...
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Can lawyers testify against ex-clients?

Related: Is a lawyer allowed to stop representing his client? In the event that a lawyer stops representing the client, and the client openly has told the lawyer that they have committed a crime, ...
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Is PR advice from a lawyer to their client privileged?

From this tweet: Wow. Marjorie Greene's attorney, @LLinWood, just accidentally texted to me his advice TO HER about how to spin my new article about her: It is too long and all over the place. ...
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Are lawyer conversations with third parties relevant to a case privileged?

Are lawyer conversations with third parties relevant to a case privileged? For example, imagine an attorney is defending a person against a criminal charge. The attorney interviews his client's ...
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Disclosing damning information as a lawyer

Let's say I'm a defense lawyer and my client is a criminal that killed 50 people so far, but got away with it every single time, and he's on trial for a 51st, which he's also poised to escape because ...
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Does spousal privilege apply in the case of criminal conspiracy?

My understanding is that attorney-client privilege does not apply if the attorney and client are conspiring to commit a crime. My understanding is the basis for nullification is the theory that the ...
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Is there a legally stronger resource than legal advise from a lawyer?

As far as I am concerned lawyers interpret, to the best of their ability, the law when giving legal advice to a client in a lawyer-client relationship. Since some legal problems can be quite complex ...
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Do pro bono lawyers have to file that they represent a client to claim attorney client privilege?

I was watching an exchange between Chris Cuomo and Rep. Matt Gaetz about the relationship between President Trump and his personal attorney Mayor Giuliani. In it Chris said: The great theory here is, ...
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Is "attorney-client" privileged waived upon disclosure of documentation?

A document is labeled "attorney-client privilege confidential". If said document is disclosed by the records custodian providing a box of records to the plaintiff, is the document "fair game" for ...
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Attorney Client Privilege: email

A Florida defendant forwards an email (not an accident) to a plaintiff that contains discussion between defendant's attorney and said defendant. Is the forwarded forwarded client-attorney privileged?
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Is a lawyer in the United Kingdom obliged by law to inform the court or the police if his client confesses crime he has commited?

Is a lawyer in the United Kingdom obliged by law to inform the court or the police if his or her client confesses to a crime he or she has committed? I looked everywhere, can't find this answer.
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Is it legal to publish letters from a lawyer?

Is it legal in Australia to publish letters and emails sent to me by a lawyer on behalf of their Client?
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Is attorney client privilege extended to a person not paying for the service?

Consider this hypothetical situation: Say you commit a hit and run and a friend takes the blame for you so you don't lose your career. Then asks you to help tell his lawyer what happened. Can they ...
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Does attourney client privilege protect communication with an employee?

I will be starting a new job in the US soon. If I tell the company's immigration attorney a professionally embarrassing immigration issue I may face, are they likely to share this information with my ...
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can you hire a witness as your lawyer to exclude their testimony?

I'm was just watching "American Crime Story" season 1 (O.J. Simpson trial), episode 4, around 38:30. The prosecutors were discussing the case when one asked about the testimony of Robert ...
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Are Christine Blasey Ford's lawyers in legal jeopardy?

On September 27, 2018, Dr. Christine Blasey Ford testified before the US Senate Judiciary Committee about her memory of an alleged sexual misconduct, which occurred in 1982, by someone she remembered ...
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Isn't 'confidentiality' misnamed, when it's not confidential compared to solicitor-client privilege?

Though for Canadian law, Robin Nobleman JD (Osgoode) spotlights that: This difference means that while all communications between a lawyer and his/her client are confidential, not all communications ...
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Is it normal, or at least precedented, to require an attorney to publicly divulge his/her client list in a crime-fraud prosecution?

As has been widely reported, for instance here, Judge Kimba Wood recently required Michael Cohen to reveal his client list in open court during the legal proceedings surrounding his prosecution via ...
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What legal reason is there to publicize Michael Cohen's client list?

As a lay person I'm a little shocked at the proceedings with the Michael Cohen raid, as it clearly has some issues with attorney client privilege. While it may have bearing on the court case, and I'...
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When do I need to guard against falsehoods from someone else's attorney?

I will be meeting with my parents and their estate attorneys in the attorney's offices in a state in which I do not live. Can I expect truthful answers? In other words, can an attorney lie for the ...
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Attorney Client Privilege Document

If a client submits a document labeled 'attorney-client' to a government agency, it becomes public record (per the US government authority). If the document is obtained from the government (sent by ...
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What options are available after sentencing, when attorney-client privilege is broken at a sentencing hearing?

Suppose a defendant and his attorney were meeting before court and were completely alone at the time of the discussion and the attorney asked her client if he would pass a drug test if the judge ...
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Can you be arrested for something you say while bound by a confidentiality agreement?

It seems odd to me that a confidentiality agreement could actually increase your odds of being arrested, but it happened. I was once arrested and sent to jail overnight for public intoxication while ...
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Consulting with two attorneys regarding the same matter

If I have retained attorney A and wish to get a second opinion from attorney B, am I obliged to inform attorney A about B, or vice versa? If I do inform B about A, is B permitted or obliged to contact ...
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How to handle questionable legal correspondence not intended for me?

I have an email address from a public provider consisting of my first name and surname - I routinely get a lot of email for other people with the same name, sometimes I respond with a polite "sorry, ...
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Is an attorney who hasn't agreed to represent me yet required to keep our discussions confidential?

I'm looking for an employment attorney and most seem to want the discuss the case, to see whether or not I have a case, before agreeing to represent me. Does this mean that any information I give them ...
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What is the geographic extent of attorney-client privilege?

I noticed that a lot of American discussions about law include a disclaimer (I am not your lawyer). A recent article mentioned that this is the case because otherwise there may be an attorney-client ...
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Representation of anonymous clients

In the United States and Commonwealth countries it is not usually possible to find an attorney that will represent an anonymous client. Most attorneys require signed agreements with a known client ...
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Are priests held to the same standards as attorneys?

The Seal of the Confessional for priests (at least in the Catholic faith) prohibits a priest from disclosing anything and everything that was said to them in a confession. Given that, if someone ...
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Irreconcilable differences between attorney and client?

What type of irreconcilable differences might exist between an attorney and client to cause the attorney to withdraw from a divorce case? Is this code language for not paying attorney fees or is it ...
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Could Hillary Clinton have declined to defend Thomas Taylor?

In 1975 Hillary Rodham was appointed to defend Thomas Alfred Taylor who was accused of raping a 12-year-old. As a public defender, could she have refused the case? She said she didn't want to do it. ...
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Is a defense attorney required to report child abuse and violate attorney-client privilege?

Say that a defense attorney is assigned to defend a client for some crime. They communicate with each other to discuss their defense, and their conversations are subject to attorney-client privilege. ...
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Does attorney client privilege apply to free consultations?

Let's say you visit an attorney, and get half an hour or an hour of free consultation. And then decide not to use them. Is the content of that free consultation covered by attorney client privilege? ...
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Can the details of Estate-ownership be Protected by Attorney-Client Privilege?

Title says it all. I am curious about whether properties (physical as well as "virtual estates" i.e. domain-names) in the name of one's lawyer would be a viable alternative to "proxy services" who, ...
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Why don't attorneys like to offer subjective advice?

In another question, a commenter mentioned to me that attorneys 'are bad enough about giving concrete legal advice, let alone subjective legal advice.' He was referring to my question of "is it wrong ...
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Is everything between me and my lawyer confidential?

From the law point of view can I tell my lawyer EVERYTHING knowing that he is NOT allowed to disclose anything I tell him including crimes I did in the past or crimes I am planning to commit in the ...
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What precautions are lawyers obligated to take with digital communication security?

Given that various email providers have different levels of access to email, and that it shouldn't be considered private communication unless further encrypted, what steps do lawyers need to take to ...
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Can official information protected by attorney-client privilege be shared with personal lawyer?

During a homeowners association executive session, the board members were given a briefing protected under attorney-client privilege. A board member is now concerned about his/her personal liability ...
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Does attorney-client privilege protect a client who lies about his attorney?

In many legal conflicts the fact that a defendant acted on the advice of competent legal counsel is considered an affirmative defense, or at least a mitigating factor. Can such a defendant hide ...
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