14

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, so instructing a client to lie is worse. Legally speaking, you are not compelled to turn them in to the (local US) authorities, unless your country has some odd ...


7

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 attorney-client privilege generally does not protect the identity of a client. For example: United States v. Goldberger & Dubin, P.C., 935 F.2d 501, 505 (2d Cir. ...


7

Most advice that a lawyer gives is subjective; facts are objective but opinions are always subjective. What a lawyer does when they advise a client is typically called a "legal opinion". The reason it is subjective is that, as Dale M said, there are numerous variants that go into an opinion, and reasonably trained professionals (attorneys) can disagree as to ...


7

It's no fantastic legal source, and rules may vary in different countries, but from the Wikipedia article on Attorney client privilege: Lawyers may also breach the duty where they are defending themselves against disciplinary or legal proceedings. A client who initiates proceedings against a lawyer effectively waives rights to confidentiality. This ...


7

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 things. The point of the phrase is to not divulge the reason. Amidst the various scenarios discussed under Rule 1.16(b), subsections (3) and (4) permit ...


6

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, information disclosed when an attorney and client are in the process of evaluating whether they want to establish an attorney-client relationship. If enough ...


6

Attorney-Client privilege is a one-way duty: The Attorney has to maintain protected information in confidence. It's a professional duty supported in law. There is no corresponding duty for the Client to maintain anything in confidence. The client can waive the privilege at will. Some sample limitations to waivers are governed by Federal Rule Evidence 502. ...


5

Firstly, legal professional privilege applies only when information is disclosed for the purpose of obtaining legal advice. Talking about a bad haircut you got last week is probably not protected by legal professional privilege. Secondly, all privileged communications and documents are confidential and protected. However, there are certain exceptions to ...


5

No. She was lawfully ordered by a judge presiding over the case, and, as a member of the bar, she had no right to refuse that appointment. She did, in fact, request that the judge choose a different attorney, but that request was declined. Sources: FactCheck.org - provides general background on case Arkansas Judicial Rule 8.2 - Appointment of Counsel, ...


5

To consider obstruction of justice, it's not necessary to consider the impact of a delayed nomination on the work of the Supreme Court. 18 USC 1505 provides that a felony has been committed by Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or ...


5

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 the court transcript, as quoted and commented on by a news source: see Michael Cohen raid and first day in court. Transcript: 04/16/2018. The Rachel Maddow Show | ...


5

The attorney in question is not your lawyer so attorney-client privilege does not apply.


4

Attorneys are universally required to tell the truth at all times and generally, they do. They are not allowed to lie on behalf of their clients or themselves. This doesn't mean that someone else's attorney necessarily has your best interests at heart. And, attorneys can, for example, fail to mention options that exist, but might not be the best for the ...


4

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-client, psychotherapist-patient, doctor-patient, priest-parishioner, accountant-client, husband-wife) that covers exceptions to the general rule. At least a couple ...


4

The privilege is independent of the contract, otherwise a lawyer that worked pro-bono wouldn't grant it either.


4

I think lawyers generally shy away from making value judgments on behalf of their clients because: attorney-client privilege is unilateral (i.e., only the client can assert it, not the attorney) and if a client really gets into trouble, he can always say "My lawyer told me to do it." (Taken out of context, of course.) Attorneys want to avoid this because: ...


4

tl;dr: Definitely not. The UK's concept of legal privilege includes the: a) legal advice privilege, and b) litigation privilege. This UK vs. US comparison on privilege is a good read. I'd initially hesitated to include it since it's tailored towards corporate law, however, it might be helpful to two audiences: Those reading this question from a business/...


4

What steps do lawyers need to take to protect client's confidentiality? Reasonable steps Are lawyers only required to inform clients that email, text, phone is unsafe communication with risks? Yes. Sort of. It's not a problem that these channels are unsafe, it's just the risk part. As was stated, US mail carries risk. Or are they in some cases risking a ...


4

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 new employer? Yes. That is because the attorney has a [fiduciary] duty toward its client (here, the company). Thus, he has the obligation to protect the company's interests or at least warn his client/...


4

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 jurisdictions call it different things) committed by you and your friend. Second, the lawyer is your friend's lawyer - they have no client privilege towards you. ...


4

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 other member of the public. If privilege does apply then they must keep your secrets. If they are defending you and you confess to the crime then they can: ...


4

Yes. You go into the court of relevant jurisdiction, and file a lawsuit to "quiet the question". Usually there is a counterparty who has something to say on the subject; sometimes not. If there is an apparent counterparty, they must be served notice of all aspects of the case. Let's say I manage a pipeline property management company; we are ...


4

You're asking about what is generally referred to as the "joint-participant exception." In the United States, the answer varies from jurisdiction to jurisdiction, as each state sets its own rules on which communications are privileged and which are not. Even in the federal courts, where the law should be relatively consistent, there is some disagreement on ...


4

The evidence will almost certainly be inadmissible And, of course, you will be disbarred and never work as a lawyer again, you might also go to jail for attempting to pervert the course of justice. Whether the person is convicted or not will depend on the strength of the other evidence the state has. In the notorious case of Lawyer X, Nicola Gobbo was acting ...


3

Model Rule 1.6(b)(5) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary... to respond to allegations in any proceeding concerning the lawyer's representation of the client. and Comment 10, in part: Where a legal claim or disciplinary charge alleges complicity of the ...


3

Don't assume that it is "code" for anything in particular: it just means that they can't work together for any number of reasons. Perhaps it is a dispute about money, perhaps it is a professional disagreement (i.e. The client won't agree with the professional advice) or perhaps it is personal (i.e. They hate each other).


3

can you hire a witness as your lawyer to exclude their testimony? That is pure fiction and misleading. Unfortunately scenes like that contribute to keep people ignorant about the law, which then makes it easier for courts to dissimulate their recurrent miscarriage of justice. But Purdue University v. Wartell, 5 N.E.3d 797 (2014) is an example where the ...


3

The short answer is that we have a First Amendment right to know what's going on in the courts. That generally includes a right to know any information that a judge uses to make her decisions. In this case, Cohen's records have been seized, and he's trying to assert that some of them are from legal clients and some are from business clients. The judge ...


3

California Penal Code 647f states that being intoxicated in public is prohibited. When the police arrived, they were confronted with probable cause for an arrest. They (presumably) became aware of the matter because the doctor called the police, since she believe that you would drive drunk. (We can inquire into whether that was a reasonable belief, but it ...


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