Skip to main content
61 votes

Is an attorney allowed to turn on their client?

Andy would be almost immediately disbarred and might also be held in contempt of court. Andy would be disbarred for reasons including his violations of the duty of confidentiality owed by Andy to his ...
ohwilleke's user avatar
  • 220k
29 votes
Accepted

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

united-states A similar issue came up in my answer to Can a private person deceive a defendant to obtain evidence?. I don't think the question itself is a duplicate, so instead I'll just copy the ...
25 votes

Is an attorney allowed to turn on their client?

That evidence would not generally be admissible due to solicitor-client privilege that is up to the defendant to waive. The attorney would be subject to disciplinary action by their oversight body (e....
Jen's user avatar
  • 59.1k
24 votes
Accepted

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

Can an attorney plead the 5th if attorney-client privilege is pierced? Yes. But if the prosecutor offers the attorney "use immunity" for the testimony (i.e. a binding promise that the ...
ohwilleke's user avatar
  • 220k
16 votes

Is an attorney allowed to turn on their client?

Andy can't "quit" Andy is Dave's lawyer and this is a position that one cannot just "quit". In general, defence lawyers would prefer to have upstanding human beings who are ...
Dale M's user avatar
  • 213k
14 votes
Accepted

How to handle questionable legal correspondence not intended for me?

Suborning perjury is a criminal offense, at the federal level under 18 USC 1622, and is especially bad for a law firm to do. An attorney has a duty to not allow a client to lie in a legal proceeding, ...
user6726's user avatar
  • 215k
13 votes

Is an attorney allowed to turn on their client?

Depending on a number of factors, Andy may not actually be allowed even to quit as Dave's attorney, especially if proceedings have already started. Under the 6th Amendment, Dave, having been accused ...
OpenAI was the last straw's user avatar
13 votes

Is privilege often misused to mean confidential?

The terms confidential and privileged are not interchangeable, but they have closely related meanings that pertain to secrets. Both terms are, indeed, often misused when the other term would be the ...
ohwilleke's user avatar
  • 220k
10 votes

Is privilege (over communications) bilateral?

The scope of attorney-client (solicitor-client) privilege includes the advice received from the lawyer. As long as it "arise[s] from communication between a lawyer and the client where the latter ...
Jen's user avatar
  • 59.1k
10 votes

When does attorney client privilege start?

canada The Supreme Court has said (Descôteaux et al. v. Mierzwinski, [1982] 1 SCR 860): In summary, a lawyer’s client is entitled to have all communications made with a view to obtaining legal advice ...
Jen's user avatar
  • 59.1k
9 votes
Accepted

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

united-states patents Depending on the protection you seek, it may not matter whether an attorney-client relationship has been formed. The USPTO rules of professional conduct are found at 37 CFR Part ...
phoog's user avatar
  • 37.8k
8 votes
Accepted

Is it normal, or at least precedented, to require an attorney to publicly divulge his/her client list in a crime-fraud prosecution?

This sort of thing is very common. Particularly in the tax context, the IRS seeks to compel lawyers to reveal their clients all the time, and the courts are pretty much all in agreement that ...
bdb484's user avatar
  • 60.6k
8 votes
Accepted

Are priests held to the same standards as attorneys?

Confidential statements made in confession to a religious advisor are privileged in every U.S. state and in federal court. There is a body of law that surrounds each kind of privilege (attorney-...
ohwilleke's user avatar
  • 220k
8 votes
Accepted

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 file, per case law, courts have a duty to believe each allegation you make on information and belief as long as they are each not contradicting any other statement or other ...
ohwilleke's user avatar
  • 220k
8 votes

Attorney Client Privilege (ACP): Attorney Invoices

Does the HOA's lawyer have a duty or is it standard practice to label documents (including) as privileged if it contains privileged information? While it is sometimes labeled, this is done by ...
ohwilleke's user avatar
  • 220k
8 votes

Is an attorney allowed to turn on their client?

It is the duty of a defense attorney to defend even horrible clients. Furthermore, it's very likely that the talk you discuss is privileged, leading to the conviction being voided and Andy disbarred. ...
Mary's user avatar
  • 1,399
7 votes
Accepted

Irreconcilable differences between attorney and client?

Comments here and here suggest that "irreconcilable differences" can be used to explain "withdrawal when the client fails to compensate the attorney", but it can mean many other ...
K-C's user avatar
  • 4,024
7 votes

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

The communications are probably protected by the attorney-client privilege, and there is a special ethical rule governing interactions between lawyers and prospective clients. I'll quote Colorado's ...
ohwilleke's user avatar
  • 220k
6 votes
Accepted

Is an attorney who hasn't agreed to represent me yet required to keep our discussions confidential?

Yes. There is a special attorney-client confidentiality rule (at least in most U.S. jurisdictions) that requires an attorney to keep confidential and protects with the attorney-client privilege, ...
ohwilleke's user avatar
  • 220k
6 votes
Accepted

Does attorney client privilege apply to free consultations?

The privilege is independent of the contract, otherwise a lawyer that worked pro-bono wouldn't grant it either.
Dale M's user avatar
  • 213k
6 votes

Is attorney client privilege extended to a person not paying for the service?

First of all, there are 3 crimes here: the hit and run committed by you the accessory after the fact crime committed by your friend the "attempt to pervert the course of justice" (different ...
Dale M's user avatar
  • 213k
6 votes
Accepted

Does putting a dollar in a lawyer's pocket entitle you to attorney client privilege (like Saul Goodman from breaking bad)

There's no privilege. Under N.M. Evid. R. 11-503., New Mexico's attorney-client privilege protects communications that are: confidential; and made for the purpose of facilitating or providing ...
bdb484's user avatar
  • 60.6k
6 votes
Accepted

When does attorney client privilege start?

It starts the moment that an attorney/client relationship is established, and the client communicates any confidential information to the lawyer. This is usually the moment that the lawyer agrees to ...
David Siegel's user avatar
6 votes

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

There have been cases in the UK where paying someone's legal bills was interpreted as joining their case. So when A with no money libels someone, and B with deep pockets pays A's lawyer, then B risks ...
gnasher729's user avatar
  • 34.3k
6 votes

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

canada The Supreme Court has said (Descôteaux et al. v. Mierzwinski, [1982] 1 SCR 860): In summary, a lawyer’s client is entitled to have all communications made with a view to obtaining legal advice ...
Jen's user avatar
  • 59.1k
5 votes

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?

Assuming that privilege applies, no Not all communications with your lawyer trigger privilege and if it doesn’t then the lawyer is not your lawyer and is under the same obligation to report as any ...
Dale M's user avatar
  • 213k
5 votes
Accepted

Does attourney client privilege protect communication with an employee?

The attorney in question is not your lawyer so attorney-client privilege does not apply.
Dale M's user avatar
  • 213k
5 votes
Accepted

What legal reason is there to publicize Michael Cohen's client list?

This feels like a political hit job carried out by the courts rather than the wheels of justice doing their thing. The wheels of justice are doing their thing; the answer and legal reasoning is in ...
BlueDogRanch's user avatar
  • 18.8k

Only top scored, non community-wiki answers of a minimum length are eligible