does an attorney need to provide proof they are representing a person when asked

If the attorney does not represent the client, which I would ask to be confirmed in writing, then you have no obligation to provide any information regarding a case. In some situations, (such as if YOU were an attorney yourself), it would be an ethical violation for you to say anything.

Full Answer

Do lawyers have to tell you who your client is?

Dec 01, 2021 · Proof of Representation is required for the Benefits Coordination & Recovery Center (BCRC) to communicate with and provide information to an attorney that represents a Medicare beneficiary. Once the BCRC has the appropriate documentation, it can communicate with the attorney and act upon requests made by the attorney on behalf of the beneficiary.

What is proof of representation for a Medicare attorney?

Feb 28, 2014 · No an attorney does not necessarily need to disclose who they represent. It may be subject to the attorney client privilege. Call the State Bar if you have questions.

Can a lawyer refuse to give information about a case?

Jan 03, 2022 · Attorneys who do one type of case or transaction multiple times are the most likely to charge fixed fees. For example, an attorney may charge a client $500 for handling a traffic ticket case. The representation agreement should include terms that do not allow the attorney to charge more than the agreed-upon amount for this type of arrangement.

How to find out if a lawyer is a real attorney?

[18] Paragraph (d)(2) recognizes that a U.S. or foreign lawyer may provide legal services in a jurisdiction in which the lawyer is not licensed when authorized to do so by federal or other law, which includes statute, court rule, executive regulation or judicial precedent. See, e.g., Model Rule on Practice Pending Admission.

Can a lawyer represent you without you being present?

Minor Wrongdoing vs Felony If you are a perpetrator of a misdemeanor, your attorney is allowed to appear in court for you. He/she may defend your rights without your presence on your behalf at all stages of your case.Jul 10, 2017

What are the four responsibilities of lawyers?

DutiesAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...•Sep 8, 2021

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

Under what circumstances can an attorney reveal information about the client that the attorney obtained during the representation of that client?

(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

Can a lawyer mislead their opponent?

A lawyer does not make a false statement to the opponent simply by failing to correct an error on any matter stated to the lawyer by the opponent. ... Lawyers also have a duty to the court to be frank, honest and independent. It is professional misconduct for a lawyer to knowingly mislead the court.

Why are lawyers held to a higher standard?

Professional misconduct is the most common reason for attorney discipline. ... While some may believe it is unfair to impose a higher standard of ethical conduct upon lawyers in their personal life, they must keep in mind that this professional discipline is a result of the legal profession's self-regulation.Jan 23, 2020

What are examples of ethics violations?

Ethics violations such as discrimination, safety violations, poor working conditions and releasing proprietary information are other examples. Situations such as bribery, forgery and theft, while certainly ethically improper, cross over into criminal activity and are often dealt with outside the company.Aug 14, 2015

What is professional misconduct for a lawyer?

The expression professional misconduct in the simple sense means improper conduct. In law profession misconduct means an act done willfully with a wrong intention by the people engaged in the profession. It means any activity or behaviour of an advocate in violation of professional ethics for his selfish ends.

Why is my attorney not fighting for me?

For example, in a custody, divorce, criminal, or civil case, your lawyer might not be fighting properly. It might be a sign of incompetence or even a conflict of interest in your client attorney relationship. If you believe that my lawyer is not fighting for me, it may be due to the lawyer's style and mannerisms.Jul 24, 2020

What should you not say to a lawyer?

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...•Mar 17, 2021

Under what circumstances can an attorney reveal information about the client that the attorney obtained during the representation of that client quizlet?

A lawyer shall reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary to prevent reasonably certain death or substantial bodily harm.

Do lawyers have client confidentiality?

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.

How to know if a lawyer is a lawyer in Oregon?

If a person is really an attorney, they'll have an identifying number with the Oregon State Bar (this answer applies to Oregon). You can then check them out professionally at osbar.org. Oddly, if the client has asked that the lawyer keep his name confidential, then the lawyer can't tell you who he represents. However, I'm pretty sure that you can then refuse to answer any questions in other words, you don't give any information until they tell you who's asking. Your company should have legal representation, and you need to tell your company's attorney about this contact.

Is a lawyer's communication confidential?

Communications between an attorney and the attorney's client are confidential unless the client waives the privilege. There are, however, many exceptions. Since you did not mention having any exceptional legal relationship to the client or the client's attorney, the answer most likely is no. Report Abuse.

Can an attorney disclose who they are working for?

An attorney is not allowed to disclose who they are working for, unless they have that person's permission. Attorneys,for example, are not allowed to post a listing of their clients, unless each clients has given permission to be on the list. It is rarely in the client's best interest to have it revealed who their attorney is, and so the attorney should rarely ask to list such things. But, if an attorney is representing a person in a particular matter and if they are contacting an opposing party, then they should say who they are representing. But, this is not always the case and it depends what the situation is. For example, lawyers are allowed to act on someone's behalf and not reveal who they are working for, or even that they are working for anyone. This is often the case, especially in big real estate bargaining. However, if someone calls you for information and you are not satisfied that they have a right to know, you do not need to answer or give them any information at all. If a lawyer is representing a person and is going to discuss or negotiate on the person's behalf, they will let you know they are engaged to represent the person in that dealing. If there is a court case pending and a lawyer is officially representing a party, they will put their name on the court filings, and will often send letter saying whom they represent. Often, a lawyer may seek information on behalf of a client, but not want to reveal for whom they work. It is up to you to decide whether you wish to give such a person information. The one main thing a lawyer cannot do is lie and say they represent someone they do not represent. So if you ask a lawyer whom they represent in the matter, if anyone, the lawyer is not allowed to falsely name someone. But, they can refuse to answer, and you can refuse to discuss with them. However, in some locations, there are special rules about a lawyer acting as a real estate agent being allow to bluff certain things. To accurately answer your question, I would need all the details.

Is the identity of a client confidential?

The identity of a client is usually considered to be confidential information - so the attorney was correct in not answering your question. Usually, it is only after the client grants permission to the lawyer to reveal the relationship - then the attorney is permitted to do so.

What happens if you don't disclose who you represent?

Furthermore, if you or your company is involved with litigation and represented by an attorney already, any other attorneys should never contact you but should go through your attorney directly. This is an ethical rule. If the person tries to contact you again instead of your attorney, let your attorney know right away.

Do you have to disclose representation?

If it is a confidential matter, then they do not have to disclose representation. If they are in court for a person then their representation is a matter of record.

What is the obligation of a real attorney?

A "real attorney" has an obligation to maintain client confidentiality and not tell any Tom, Dick or Harry who s/he represents unless the client has specifically authorized them to do so.

What is discovery in legal terms?

Learn about discovery -- the legal procedures used to gather evidence for a lawsuit. Once a lawsuit gets underway, parties to the lawsuit or their lawyers start gathering information related to the lawsuit. This investigative process is aptly named "discovery," because it often turns up facts and documents that were previously unknown -- to ...

Is it fair to disclose information in a lawsuit?

Virtually any bit of information that might have even a slight connection to the lawsuit is fair game for discovery. But this enormous latitude sometimes leads to abuse. Lawyers might try to pry into subjects that have no legitimate significance for the lawsuit, or that are private and confidential, serving only to annoy or embarrass the parties. Fortunately, there are some legal limits on this kind of probing, and some protections to keep private material from being disclosed to the public.

What is the purpose of discovery in a lawsuit?

Discovery can be used to seek information not only from the other party to the lawsuit, but also from people and businesses ...

What is the rule of discovery?

The basic rule of discovery is that a party may obtain any information that pertains -- even slightly -- to any issue in the lawsuit, as long as the information is not "privileged" or otherwise legally protected (see "Discovery Limits," below). Here are some of the things lawyers often ask for in discovery:

What is a religious advisor?

religious advisor and advisee (although this privilege is often referred to as "priest-penitent," it applies more generally to any confidential conversation between a member of the clergy of a recognized religion and a person seeking spiritual counsel). Private matters.

What is the right to privacy?

Roughly, the right to privacy protects a person from having to divulge information that is not obviously relevant to the lawsuit and is a matter that a person would not normally discuss or reveal to anyone outside of immediate family and intimate friends. This might include issues such as: health or body issues.

What are the rights of third parties?

Privacy rights of third parties. Courts are more willing to protect the privacy of third parties -- for example, witnesses, co-workers, or family members of a party -- than the privacy of parties to a lawsuit.

Why do lawyers have written agreements?

The simple reason to have a written agreement with your attorney is to make sure that both parties to the contract know what is going on. Most disputes that arise between lawyers and their clients are about money, whether it is how much the attorney is owed, or how much the client is owed as a refund. In order to resolve these disputes quickly and ...

What is representation agreement?

Representation Agreement: Your Attorney and You. No matter which state you live in, or how well you know your attorney, you should always enter into a written representation agreement (sometimes called a fee agreement) with your lawyer. These contracts normally set out the terms of the attorney-client relationship as well as ...

Is litigation expensive?

It should be no shock that litigation can be quite expensive, even excluding the costs that an attorney charges. These fees must come from somewhere, and your representation agreement should specify from where. If you are expected to pay for all filing fees, then that should be in the contract you have with your lawyer.

Why is it important to have a written contract?

In order to resolve these disputes quickly and without the need for court intervention, it is best to have a written contract in place that can clear up these issues. It is highly effective to be able point to a specific part of a written contract in order to prove your point.

What is client file?

Client files. The contract should specify how and at what cost the client can obtain a complete copy of their client file held by the attorney. The contract should specify who will do the work, meaning who will do the research for the case, and who will argue it in court if litigation is necessary.

How much does an attorney charge per hour?

Rates typically vary from as little as $75 per hour to more than $500 per hour.

What is the meaning of paragraph a?

Paragraph (a) applies to unauthorized practice of law by a lawyer, whether through the lawyer’s direct action or by the lawyer assisting another person. For example, a lawyer may not assist a person in practicing law in violation of the rules governing professional conduct in that person’s jurisdiction. [2] The definition of the practice of law is ...

Can a lawyer practice law in a jurisdiction?

Law Firms And Associations. [1] A lawyer may practice law only in a jurisdiction in which the lawyer is authorized to practice. A lawyer may be admitted to practice law in a jurisdiction on a regular basis or may be authorized by court rule or order or by law to practice for a limited purpose or on a restricted basis.

Can a lawyer assist a non-lawyer?

Lawyers also may assist independent nonlawyers, such as paraprofessionals, who are authorized by the law of a jurisdiction to provide particular law-related services. In addition, a lawyer may counsel nonlawyers who wish to proceed pro se. [4] Other than as authorized by law or this Rule, a lawyer who is not admitted to practice generally in this ...

What does paragraph C mean?

Paragraph (c) identifies four such circumstances. The fact that conduct is not so identified does not imply that the conduct is or is not authorized. With the exception of paragraphs (d) (1) and (d) (2), this Rule does not authorize a U.S. or foreign lawyer to establish an office or other systematic and continuous presence in this jurisdiction ...

What are some examples of conduct?

Examples of such conduct include meetings with the client, interviews of potential witnesses, and the review of documents. Similarly, a lawyer admitted only in another jurisdiction may engage in conduct temporarily in this jurisdiction in connection with pending litigation in another jurisdiction in which the lawyer is or reasonably expects ...

What happens if a debt collector sues you?

If a debt collector sues you, most state and local procedural rules put even heavier documentation requirements on both the debt collector and creditor. In many states, a creditor or debt collector that is suing for collection of an account must: state in the complaint why the account or document is not attached.

How much can you sue a debt collector?

Under some state fair debt collection acts, you can get more than $1,000 in statutory ...

Is the internet secure?

The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. Nowadays, it's common for people to receive collection letters or to be served with a lawsuit by a creditor or collector that they've never heard of.

What is a copy of a credit card agreement?

A copy of the original written agreement between the parties, such as the loan note or credit card agreement, preferably signed by you. If the account has been sold to another creditor, then that creditor must prove that it has the right to sue to collect the debt.

Can you counterclaim a debt collector?

If the debt collector suing you previously did not verify the debt after you timely requested debt verification, you may file a counterclaim against that debt collector within the same lawsuit, requesting your own damages. Some states also allow you to countersue for damages against the creditor itself for failure to verify the debt. (To learn about other defenses in collection lawsuits, see Defenses to Credit Card Debt Lawsuits .)

1 attorney answer

You need to see the legal document. Most are notarized and some are notarized and witnessed. In my office I do both the notary and 2 witnesses to make it stronger. Also, it needs to comply with Texas laws. A POA is revokable at any time. If you have any questions, talk to an attorney in your area.

Fran Brochstein

You need to see the legal document. Most are notarized and some are notarized and witnessed. In my office I do both the notary and 2 witnesses to make it stronger. Also, it needs to comply with Texas laws. A POA is revokable at any time. If you have any questions, talk to an attorney in your area.

What is a power of attorney?

A power of attorney is a written authorization by which a person, or principal, authorizes another person, the agent, to act on her behalf. A financial power of attorney allows the agent to manage the principal's financial affairs, such as bank accounts, investments, bill payment and business affairs, as designated in the power of attorney.

When does a power of attorney take effect?

The power of attorney may take effect immediately upon signing by the principal or contain provisions making it a "springing" power of attorney, in which the power of attorney does not become effective until a specified date or until certain future events occur.

Who is Cindy Hill?

A freelance writer since 1978 and attorney since 1981, Cindy Hill has won awards for articles on organic agriculture and wild foods, and has published widely in the areas of law, public policy, local foods and gardening.

Can you refuse a power of attorney appointment?

Appointment under a power of attorney is voluntary and you may refuse the appointment . The principal may terminate the power of attorney at any time. Depending on the terms of the power of attorney document, the agent may be compensated for his time and out-of-pocket expenses; these should be carefully documented and must be reasonable and appropriate for the work performed.

What is the fiduciary duty of an agent?

To fulfill that fiduciary duty, the agent must keep careful records of all transactions conducted on the principal's behalf and keep the principal's funds strictly separate from his own personal or business funds.

What happens if an agent does not fulfill his duty?

If the agent did not fulfill his duty to properly manage the principal's financial affairs, he may be found liable and required to compensate the principal, or principal's heirs, out of his own pocket. The principal, her spouse or guardian, heirs, beneficiaries or government agency charged with protecting her welfare, may petition a court to review your actions as agent and seek compensation for your failure to appropriately carry out your fiduciary duties. The principal, or reviewing court, may demand an accounting at any time.

What is the law regarding withdrawal?

Laws About Withdrawal. Later Recovery In A Contingency Case. When an attorney who is on contingency is mandated to withdraw, and the case later settles or wins at trial, she is entitled to recover whatever she is owed for her services prior to the withdrawal.

What does it mean to withdraw from a lawyer?

On the other hand, a withdrawal necessarily signals that it is the attorney who desires to end the representation. A withdrawal, further, must be permitted by a judge, who will want to know generally why the attorney is seeking to withdraw.

What is the duty of an attorney in a court case?

The attorney has a duty to respond to the court’s inquiries as to the reason for any conflict, at least in general terms without compromising the attorney-client privilege. Id. at 592-593. Typically this means a minimum of a few weeks delay until the attorney can get a hearing on the motion.

What Can Be Discovered

• The basic rule of discovery is that a party may obtain any information that pertains -- even slightly -- to any issue in the lawsuit, as long as the information is not "privileged" or otherwise legally protected (see "Discovery Limits," below). Here are some of the things lawyers often ask for in discovery: 1. anything a witness or party saw, heard, or did in connection with the dispute 2. anyt…

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Limits on What Can Be Discovered

Discovery Procedures

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