attorney client privilege when attorney called to the stand

What is the effect of having an outsider present when the lawyer and client are speaking to each other?

The general rule is that, by allowing a third party to be present for a lawyer-client conversation, the defendant waives the privilege. That generally means that the prosecution can force the third party to reveal the contents of the conversation.

What type of communication is protected by attorney-client privilege?

Virtually all types of communications or exchanges between a client and attorney may be covered by the attorney-client privilege, including oral communications and documentary communications like emails, letters, or even text messages. The communication must be confidential.

What is the Kovel doctrine?

A. 1. The Kovel doctrine, set forth in United States v. Kovel, 296 F. 2d 918 (2d Cir. 1961), describes the parameters for the extension of the attorney-client privilege to non-attorney third parties.

What is meant by the attorney-client privilege and what is the exception to this privilege?

Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client secret. The privilege is asserted in the face of a legal demand for the communications, such as a discovery request or a demand that the lawyer testify under oath.

Are emails subject to attorney-client privilege?

Emailed correspondence between attorney and client is privileged. However, the client can take some actions which will waive this attorney client privilege.

What are types of conflicts of interest that an attorney must avoid?

Common Conflicts Of Interest For Lawyers To AvoidRepresenting clients with differing interests simultaneously. ... Personal conflicts of interest between attorney and client. ... Current and former client conflicts. ... Conflicts involving third parties.

What is a Kovel letter?

A Kovel letter is used in very-limited situations, in which an attorney wants to try to extend the attorney-client privilege on matters involving highly-complex accounting/tax situations only. When Kovel is not used correctly, it jeopardizes the attorney-client privilege.

What is a Kovel accountant?

The term Kovel accountant is based upon the case of United States v. Kovel, 296 F. 2d 918 (2d Cir. 1961). Kovel accountants are hired when a tax attorney is concerned that conduct by his client, or in some cases lack of conduct, could result in criminal tax charges being brought.

Can an attorney refuse to represent a client?

CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY. Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the latter's race, sex. creed or status of life, or because of his own opinion regarding the guilt of said person.

What happens if privileged information is voluntarily disclosed to a third party?

The privilege shields from discovery advice given by the attorney to the client as well as communications from the client to the attorney. Voluntary disclosure of privileged communications to a third party results in waiver of the attorney-client privilege unless an exception applies.

Under what circumstance may an attorney break attorney-client privilege quizlet?

Under what circumstance may an attorney break attorney-client privilege? The client discloses information about a crime that has not yet been committed.