An attorney can not only answer any questions you may have about the scope of an attorney's obligations to their client, they can also answer other questions you may have about the law.
Talk to a Lawyer. The attorney-client privilege differs somewhat from state to state, and between state and federal court. When speaking to an attorney about a legal matter, make sure to go over the scope of the attorney-client privilege and the duty of confidentiality.
the client intended the communications to be private and acted accordingly. Lawyers may not reveal oral or written communications with clients that clients reasonably expect to remain private. A lawyer who has received a client's confidences cannot repeat them to anyone outside the legal team without the client's consent.
Lawyers may not reveal oral or written communications with clients that clients reasonably expect to remain private. A lawyer who has received a client's confidences cannot repeat them to anyone outside the legal team without the client's consent.
The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients ...
The duty of confidentiality prevents lawyers from even informally discussing information related to their clients' cases with others. They must keep private almost all information related to representation of the client, even if that information didn't come from the client.
The Client's Privilege. Generally, the attorney-client privilege applies when: an actual or potential client communicates with a lawyer regarding legal advice. the lawyer is acting in a professional capacity (rather than, for example, as a friend), and. the client intended the communications to be private and acted accordingly.
Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers provide effective representation.
If someone were to surreptitiously record the conversation, that recording would probably be inadmissible in court.
No matter who hears or learns about a communication, however, the lawyer typically remains obligated not to repeat it.
A lawyer who has received a client's confidences cannot repeat them to anyone outside the legal team without the client's consent. In that sense, the privilege is the client's, not the lawyer's—the client can decide to forfeit (or waive) the privilege, but the lawyer cannot. The privilege generally stays in effect even after ...
There are a variety of conflicts of interest that can prevent a lawyer from taking on a particular case. The conflict may occur between the prospective client and one of the attorney's current or former clients. There can also be concerns if a client's interests are in conflict with the lawyer's professional or personal relationships.
In the legal field, however, one of the legal duties every lawyer must observe is to avoid conflicts of interest when it comes to their clients. In fact, if a lawyer represents a client knowing that there's a conflict of interest, they can be disciplined by the state bar and sued by the client for legal malpractice.
While an attorney may be able to easily identify a conflict, sometimes they're not always easy to spot. Because of this, it's the attorney's responsibility to perform regular conflict checks when taking on a new client.
An attorney can not only answer any questions you may have about the scope of an attorney's obligations to their client, they can also answer other questions you may have about the law.
It's also important to note that a law firm may be able to represent a client even though a single attorney had a conflict of interest, if a "firewall" can be successfully put around the attorney with the conflict. This essentially means that the matter would not be discussed with or around the attorney with the conflict, ...
It's also possible for there to be an issue if the potential client's interests are at odds with the attorney's own interests. A conflict of interest can also occur at the law firm level. For example, even if an attorney working at a law firm didn't personally work on a particular matter (because someone else at the firm handled it), ...
The lawyer believes they can provide " competent and diligent " representation to all affected clients; The representation isn't illegal in any way; The lawyer isn't representing two clients against each other in the same lawsuit; and. Each affected client provides informed consent in writing.
Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client secret.
For more on the attorney-client privilege, see this Cornell Law Review article, this Fordham Law Review article, and this Pepperdine Law Review article .
Lawyer is a general term for a person who gives legal advice and aid and who conducts suits in court.
As to the abbreviation ‘Esq.’ for ‘Esquire’ used by some lawyers, it has no precise significance in the United States except as sometimes applied to certain public officials, such as justices of the peace. For some reason, lawyers often add it to their surname in written address.
What’s a counsel? A solicitor would be the UK equivalent of the US attorney-at-law. Counsel usually refers to a body of legal advisers but also pertains to a single legal adviser and is a synonym for advocate, barrister, counselor, and counselor-at-law.
In the UK, those who practice law are divided into barristers, who represent clients in open court and may appear at the bar, and solicitors, who are permitted to conduct litigation in court but not to plead cases in open court.
If you (or your attorney) find something of concern during the title review, you can (assuming you have an objection clause in your purchase contract), notify the seller of the item you find unacceptable and insist that the seller remedy it prior to closing.
While a plat map can show you the general location of the property, a property survey will contain more detailed information, including the location of improvements on the land , such as where the home, any outbuildings, or other permanent structures (such as fencing) exist .
The lawyer’s job is to protect your rights. Once you say that you want to talk to a lawyer, officers should stop asking you questions. If they continue to ask questions, you still have the right to remain silent. If you do not have a lawyer, you may still tell the officer you want to speak to one before answering questions.
A grand jury subpoena is a written order for you to go to court and testify about information you may have. If a law enforcement officer threatens to get a subpoena, you still do not have to answer the officer’s questions right then and there, and anything you do say can be used against you. The officer may or may not succeed in getting ...
In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions.
You have the right to say that you do not want to be interviewed, to have an attorney present, to set the time and place for the interview, to find out the questions they will ask beforehand, and to answer only the questions you feel comfortable answering.
Are there any exceptions to the general rule that I do not have to answer questions? Yes, there are two limited exceptions. First, in some states, you must provide your name to law enforcement officers if you are stopped and told to identify yourself. But even if you give your name, you are not required to answer other questions.