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 ...


8

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 ...


8

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 evidence present at the time of filing. This isn't true. The court doesn't have to actually believe you. The court merely has to assume for sake of argument ...


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

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

There is no such thing as transactional immunity to the attorney-client privilege. This is strictly a 5th Amendment concept. You can't immunize a witness to force a witness who is a client to testify about attorney-client privileged matters. A client can voluntarily waive the attorney-client privilege, but cannot be compelled to do so, unless the client is ...


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

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

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

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 ...


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 ...


4

If you're in the United States, another lawyer in a firm you've hired may or may not be your attorney, but it would not be uncommon for him to have some involvement in the case, and he would be expected to treat you as a client in terms of privilege and conflicts of interest. Just the same, this is something you need to be very direct on. "Are you my ...


4

Yes. Lawyers are generally subject to a malpractice lawsuit, essentially the same as doctors and other professions. A successful claim generally requires proof that the lawyer's services fell below the standard of care for attorneys, and that it resulted in some injury to you.


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