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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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2 votes
2 answers
143 views

what criteria do lawyers, in particular patent lawyers, use to determine whether or not to accept a case?

I just came off of an initial consultation with a patent lawyer about a utility patent application. After the one hour consultation, he stated that he currently does not have the bandwidth to take on ...
4 votes
4 answers
1k views

Do initial email exchanges between an attorney and potential client constitute "client-attorney relationship"?

I sent an email to a patent attorney soliciting tradement and patent services. At what point does the "client-attorney relationship" begin, and hence offering protection to the client? I ...
8 votes
2 answers
2k views

When does attorney client privilege start?

Is it when the attorney gets paid? Can attorney client privilege exist even if the clients payments are inarears? When exactly is the moment when the privilege comes into existence? If you make an ...
0 votes
1 answer
109 views

Does the protection of Legal Privilege apply to encrypted documents?

My understanding, based upon Common Law in England & Wales, is once something is sent to a solicitor, it is subject to Legal Privilege. If the solicitor is unable to open an emailed document, say ...
1 vote
2 answers
1k views

Is privilege often misused to mean confidential?

It seems to me that these two terms may be completely different and yet they often seem to be used in an interchangeable and anyway an overlapping manner. Under data protection laws, data controllers ...
3 votes
1 answer
186 views

Does attorney-client privilege extend to foreign lawyers?

To what extent does attorney-client privilege apply to communications between a client and a lawyer licensed in a foreign jurisdiction, if it applies at all? Does it matter if the foreign jurisdiction ...
0 votes
1 answer
67 views

Can a government lawyer's duty of loyalty be ended in Canada?

I assume the following: A lawyer employed by the Government of Canada (GC) has an attorney-client relationship with GC. The "attorney" is the lawyer, the "client" is "...
19 votes
2 answers
3k views

Does attorney-client privilege apply when lawyers are fraudulent about credentials?

If a person goes to another person for legal advice and the person is deceitful in some way about being a lawyer, does attorney-client privilege still apply? For instance, maybe the person does not ...
0 votes
2 answers
117 views

Are attorneys legally or ethically bound to share evidence in civil cases before complaints are filed?

Are attorneys legally or ethically bound to share evidence or discovery materials in civil matters before actual complaints are filed? Let's say Person A (a non-public figure) suspects Person B (a non-...
0 votes
1 answer
135 views

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 ...
18 votes
1 answer
3k views

Can an attorney plead the 5th if attorney-client privilege is pierced?

In the investigation related to Mar-a-Lago, the Justice Department is seeking to pierce attorney-client privilege relating to several bits of testimony and discovery items they're seeking from Trump's ...
2 votes
2 answers
1k views

When you plead the 5th and a Judge asks you questions about it, is that conversation considered privileged?

If you invoke the right to not self-incriminate when testifying and the judge asks you questions in regards to whether you fear of incriminating yourself is reasonable. Is that conversation considered ...
3 votes
5 answers
589 views

Are attorneys discouraged/disallowed from having therapists?

Lawyers defend many genuine criminals who, after being freed, would go on to continue to commit terrible criminal acts. I would imagine that it is a profession that is extremely taxing on one's mental ...
23 votes
6 answers
12k views

Is an attorney allowed to turn on their client?

Inspired by Yakuza Judgement. Say that Andy the Attorney is potentially representing Dave the defendant. But while they talk, Andy finds Dave to be a repulsive human being who's obviously guilty of ...
6 votes
1 answer
423 views

What should a lawyer do if they are confident their client is committing perjury?

Let's say a client confesses one thing to their lawyer, but at trial makes a radically different claim when asked while under oath. The difference is substantial and likely to affect the result of ...
1 vote
1 answer
211 views

Can attorneys act as privacy proxies for a business transaction and conceal the identities of their clients?

Can attorneys act as privacy proxies for a business transaction and conceal the identities of their clients? Is this a form of power of attorney? Or attorney-client privilege? Is a corporation ...
5 votes
2 answers
4k views

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 ...
2 votes
2 answers
329 views

Is attorney client privilege practice wide?

Does the concept of attorney client privilege apply to workers within the same law practice that are not directly involved with your case as well?
4 votes
4 answers
922 views

What would be the legal ramifications in regards to someone else paying your legal bills?

In regards, to, establishing attorney-client privilege, and the related attorney-client confidentiality. What would happen if someone else paid for your legal counsel? Do all the rules remain the same ...
1 vote
3 answers
377 views

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 ...
3 votes
1 answer
357 views

Attorney Client Privilege (ACP): Attorney Invoices

The Home Owner's Association's attorney labels its work products as "Attorney Client Privilege". Does the HOA's lawyer have a duty or is it standard practice to label documents (including) ...
13 votes
2 answers
2k views

Is privilege (over communications) bilateral?

In a case of spousal privilege, because both parties are spouses, I assume that what each party says is protected so trying to force either party to divulge would be a problem. But other privileged ...
4 votes
2 answers
679 views

Attorney-Client Privilege after disbarment

Suppose Amy was a lawyer, and then was disbarred. Next, she conceals her disbarment, and advertises as a lawyer. Barbara now hires Amy as her lawyer, completely unaware of Amy's disbarment. Barbara ...
0 votes
1 answer
150 views

May non-disclosure agreements between companies intrude on attorney-client privilege?

Is it enforceable to have non-disclosure agreements between companies intrude on attorney-client privilege? If a company were to disclose something with an attorney that is under a confidentiality ...
0 votes
1 answer
297 views

Does attorney-client privilege apply to someone talking to an attorney over the phone in public?

John Doe is talking to his attorney on the phone in a public place. He admits to the lawyer that he had committed a crime. A police officer overhears this conversation. Does attorney-client privilege ...
2 votes
1 answer
186 views

Does attorney client privilege prevent one of your lawyers from disclosing facts to another one of your lawyers without your consent?

Suppose I hire a lawyer to represent me on one matter and hire another lawyer to represent me on another matter. Do things I tell one attorney remain privileged from the other attorney? I am not ...
0 votes
0 answers
81 views

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 ...
2 votes
3 answers
637 views

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 ...
2 votes
3 answers
595 views

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 ...
4 votes
0 answers
114 views

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 ...
2 votes
2 answers
217 views

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 ...
1 vote
2 answers
251 views

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. ...
1 vote
1 answer
146 views

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 ...
1 vote
1 answer
133 views

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 ...
2 votes
2 answers
2k views

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, ...
1 vote
2 answers
108 views

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. ...
8 votes
2 answers
1k views

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 ...
1 vote
2 answers
406 views

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 ...
1 vote
2 answers
250 views

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 ...
3 votes
1 answer
247 views

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 ...
4 votes
1 answer
221 views

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 ...
0 votes
1 answer
115 views

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 ...
6 votes
2 answers
354 views

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 ...
4 votes
2 answers
585 views

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, ...
2 votes
1 answer
133 views

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 ...
1 vote
1 answer
182 views

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?
5 votes
2 answers
582 views

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 ...
4 votes
1 answer
5k views

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.
0 votes
2 answers
792 views

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?
2 votes
2 answers
97 views

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 ...