While the lawyer-client professional privilege protects against ANY disclosure of communications between client and lawyer, there are rare exceptions that also must be made clear. The primary exception is when a client discloses the intention to commit a new crime.
Regardless of the reasons, when your lawyer goes against your wishes, it can constitute legal malpractice. Your lawyer has an obligation to represent your interests, even if you choose a legal option that he or she believes is not the best choice.
The attorney-client privilege is, strictly speaking, a rule of evidence. It prevents lawyers from testifying about, and from being forced to testify about, their clients' statements. Independent of that privilege, lawyers also owe their clients a duty of confidentiality.
Lawyers must be honest, but they do not have to be truthful. A criminal defense lawyer, for example, in zealously defending a client, has no obligation to actively present the truth. Counsel may not deliberately mislead the court, but has no obligation to tell the defendant's whole story.
Professional misconduct is the most common reason for attorney discipline. Lawyers can also be disciplined for conduct in their personal lives.
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights.
9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•
As a general rule, any communication between a lawyer and a client is confidential and subject to the attorney client privilege. The attorney cannot tell that information to anyone without the client's consent. Importantly, this privilege applies to the lawyer's prospective clients, as well as actual clients.
Ultimately, it isn't uncommon for attorneys in the community to have a friendly relationship. Don't be afraid if you even see the attorneys partake in some light banter back and forth.
and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Explanation 1.
Honesty and truthfulness are not the same thing. Being honest means not telling lies. Being truthful means actively making known all the full truth of a matter. Lawyers must be honest, but they do not have to be truthful.
When a lawyer's fee bill overstates the amount of time spent for work performed, it is called “bill padding.” If a client alleges that a lawyer's bills are not accurate or truthful, how can an arbitrator assess the evidence, including the fee bills, for possible bill padding?
A lawyer should not ignore a client's wishes. If the client's wishes are ill-conceived or inappropriate, an attorney should counsel the client accordingly.
Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.
To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.
Clients of attorneys have an absolute right to end their working relationship with their attorney(s), whether or not they have cause. From negligence to preference to being unsatisfied with the pace an attorney is working, for example, clients can discharge their representation when they want.
One of the most important things a client must realize is the need to “tell all” to their attorney. While some things may be embarrassing to admit, that very piece of information may be the needed piece of the puzzle for your defense. Attorneys do not judge their clients. While ethics and morals are an important part of an attorney’s practice, ...
We are not all crooks out to get your money without concern for your welfare. While it is true, good legal representation is expensive in light of most people’s pocketbooks, it is usually needed to provide the resources necessary to put together a firm case, try to negotiate a settlement out of court, and when necessary appear in court on a client’s behalf. The cost of a law degree, setting up practice or associating with a large firm, and the day to day expenses of good legal practice make charging what seems like a high fee necessary. It is interesting to learn most attorneys do pro bono work for those who can’t afford legal help. Many attorneys also give time and money to worthy causes in their community and the world at large.
If the work you will be doing has a predictable course, you should explain it to the client in your initial meeting. But don’t stop there — give it to him in a useable written format as well, so he has something to refer to as the matter progresses.
When you’re sending documents to your client for review, think about what those documents look like from her perspective. Are they accessible, or intimidating? If the latter, think about how you can make them more accessible to the client, then do that.