how attorney meeting location affects clients

by Prof. Arlo Haley Jr. 4 min read

In the overcrowded conditions of most courthouses, attorneys can be seen meeting with their clients in public-waiting areas, the cafeteria, the law library, in the back of courtrooms, in telephone booths, or any place that is available. Surrounding noise and confusion distract from a meaningful exchange between client and attorney.

Full Answer

Are meeting invitations privileged?

Calendar invites to meetings and teleconferences can be used to identify attorney-client privilege prior to the meeting occurring. Additionally, in-house counsel may also consider identifying the legal issue to be discussed at the meeting.

What risks are involved when a lawyer simultaneously represents two or more clients on the same side of litigation?

[11] When lawyers representing different clients in the same matter or in substantially related matters are closely related by blood or marriage, there may be a significant risk that client confidences will be revealed and that the lawyer's family relationship will interfere with both loyalty and independent ...

What should a lawyer do in the first meeting with a client?

During the New Client Consultation, Every Lawyer Should…Be Clear about Any Consultation Fees. ... Introduce the Firm and Working Attorneys' Experience as Is Relevant to the Case. ... Be Attentive. ... Showcase Knowledge and Know-How. ... Engage with Specifics. ... Discuss the Process.More items...•

What are the two major causes of conflict of interest in law?

There are two different sets of circumstances which may constitute a concurrent conflict of interest. One is when the representation of one client would be directly adverse to the other client. [4] This occurs when the interests of one client requires the lawyer to act against the interest of his other client.

What is the most common reason for an attorney to be disciplined?

Professional misconduct is the most common reason for attorney discipline. Lawyers can also be disciplined for conduct in their personal lives.

What is a conflict of interest in an attorney client context?

A conflict of interest is involved if there is a substantial risk that the lawyer's representation of the client would be materially and adversely affected by the lawyer's own interests or by the lawyer's duties to another current client, a former client, or a third person.

What is the first meeting with a lawyer called?

legal consultationA legal consultation is the initial meeting between a potential lawyer and client. These meetings allow the client to discuss their case with an attorney. Then, the attorney can give an overview of their recommended course of action.

How do I prepare for an attorney meeting?

Tips For Meeting With Your Lawyer For the First TimeDress To Impress. ... Be Ready To Give Your Attorney Important Information About Yourself. ... Gather Your Evidence And Have It Ready For Your First Meeting. ... Get Your Facts Straight. ... Plan Something You Can Look Forward To For After Your Meeting.

How does a lawyer introduce himself to a client?

1. How do lawyers introduce themselves? Lawyers typically introduce themselves by stating their name, firm, and area of practice. For example, “My name is Jane Smith and I'm a lawyer with the law firm of Smith & Associates.

What are the 4 things to consider you have conflict of interest?

Conflict of InterestContractual or legal obligations (to business partners, vendors, employees, employer, etc.)Loyalty to family and friends.Fiduciary duties.Professional duties.Business interests.

How do you prove conflict of interest?

A conflict of interest exists if a legislator has any interest or engages in any business, transaction, or professional activity, or incurs any obligation, which is in substantial conflict with the proper discharge of his or her duties in the public interest.

What are 3 types of conflict of interest?

Part 3: Different types of conflicts of interestfinancial conflict;non-financial conflict;conflict of roles; or.predetermination.

Can a lawyer represent multiple clients?

Rule 1.7(a) provides that a lawyer can only represent multiple clients who are directly adverse to one another if all of the clients provide their informed written consent.

What is a concurrent conflict of interest?

The lawyer may not represent a client if there is a concurrent conflict of interest, which means that the representation of one client will be directly adverse to another client; or there is a significant risk that the lawyer will materially limit his responsibilities to a client based on his representation of another ...

Can two lawyers from the same firm represent opposing parties?

Rule 1. (a) A lawyer shall not represent opposing parties to the same litigation. (2) reasonably appears to be or become adversely limited by the lawyer's or law firm's responsibilities to another client or to a third person or by the lawyer's or laws firm's won interests.

Can one lawyer represent both parties?

In most cases, each party to an Agreement of Purchase and Sale will be represented by their own lawyer. Aside from a few, very limited exceptions, according to the lawyers' Rules of Professional Conduct, a lawyer cannot act on behalf of both parties even if the Vendor and Purchaser wish to have the same representation.

How Can I Know When Attorney-Client Privilege Applies in My Situation?

There is debate about attorney-client privilege and free consultations. For example, does privilege attach to information disclosed before the attorney is retained? Does privilege apply to free consultations?

When Does Attorney-Client Privilege Attach in a Criminal Case?

However, courts generally recognize attorney-client privilege when each of the following elements applies :

Are There Cases Where Attorney-Client Privilege Does Not Apply?

Yes, there are some instances where an attorney could be compelled to disclose confidential information discussed with a client.

What is Not Protected by the Privilege?

The most common situation where the privilege is lost involves sharing information with people other than your lawyer and the law firm’s staff. Other ways the privilege may be lost include:

Speak to a Lancaster Job Injury Lawyer for More Information

The attorney-client relationship is sacrosanct and includes the attorney-client privilege. This privilege is an important aspect of any legal strategy you and your attorney may develop regarding your workers’ comp claims.

Why is it important to tell your lawyer everything?

Full disclosure allows your attorney to develop a strategy to address all aspects of your case. He can address both the weaknesses and the strengths.

Why is it important to make attorney client communications privileged?

Another reason to make attorney-client communications privileged is to encourage honest, accurate, and complete information. To provide the best legal representation for a client, an attorney needs to have all relevant facts and information. If a client withholds information for fear of someone learning about what they said, it could impact the quality of the legal services provided by the lawyer.

What is Attorney-Client Privilege?

Attorney-client privilege is the legal right to keep your communications with your attorney confidential. Your discussions with your lawyer are not subject to discovery or disclosure in a legal proceeding. Privilege ensures that when you seek legal advice from a lawyer, your secrets remain private.

What is seeking legal advice from an attorney?

Seeking legal advice from an attorney to assist with the furtherance of fraud or a crime. However, if the crime has been completed, discussions between a client and his lawyer remain privileged.

What should you do to protect your right to privacy?

What should you do to protect your right to privacy? Before disclosing sensitive or private information, ask the attorney if privilege has attached to the conversation. Confirm that what you discuss with the lawyer remains confidential before discussing any private information with the attorney .

What to do if you are not sure if a detail is important?

If you are not sure whether a detail is important, tell your lawyer. Your conversations with your attorney while seeking legal advice are protected by attorney-client privilege. Therefore, if the information is not relative, it should remain confidential between you and your lawyer.

Can an attorney be forced to disclose information to a client?

Generally, when attorney-client privilege applies, an attorney cannot be forced to disclose information they received in confidence from a client. Furthermore, the attorney cannot voluntarily disclose information told to them in confidence. Likewise, clients cannot be forced to testify regarding information the client discussed with their attorney while seeking legal counsel.

Why do virtual meetings work?

Successful virtual meetings depend on the ability of attendees to concentrate and participate. Emotions, physical health, and any thoughts taking up real estate in a person’s brain are competing forces that may inadvertently block concentration and participation. Giving people an opportunity to acknowledge and share this information at the beginning of a meeting reduces these problems. For example, clients are anxious about their legal problems. Asking them to use collaboration technology without first defusing anxiety concerns adds another layer of stress and undermines efficient and effective communication.

What are meeting norms?

Meeting norms for groups are agreements on behaviors that: (1) set the tone; (2) generate all data relevant to discussion; (3) encourage robust, data-based discussions that lead to decisions; and (4) generate decisions that the people assigned to the project are willing and able to implement.

What is a driving agenda?

A driving agenda is a detailed agenda, distributed with sufficient notice of the meeting, that drives discussions forward in a focused, effective and efficient matter. A detailed agenda lists expected discussion topics and the relevant information to be digested in advance, decisions to be made, and expected outcomes related to the purpose of your meeting. This enables people to prepare for the meeting and propose changes or additions to your agenda.

What is virtual meeting?

Virtual meetings, the current way to communicate and work together, come with obstacles that are absent in face-to-face meetings. “People consider virtual communication less productive than face-to-face interaction,” as Keith Ferrazzi writes in Harvard Business Review. It’s common for people to “feel confused and overwhelmed by collaboration ...

Who suggested that people limit background noise and side conversations?

Michael D. Watkins, in a Harvard Business Review article, suggests a written agreement that people will limit background noise and side conversations, talk clearly and at a reasonable pace, listen attentively and not dominate the conversation during virtual meetings.

Do people get insulted by being interrupted?

I know we do it often in casual conversations, but many people are insulted by being interrupted.

Can you pause a telephonic meeting?

This is hard by telephone; you can’t see the client’s reaction. But even during a telephonic meeting, you can always pause or solicit comments.

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What Is Attorney-Client Privilege?

  • Privilegemay apply to evidence used in a civil or criminal court matter. When evidence is “privileged,” it is not subject to disclosure. The court cannot demand that the parties disclose the information to the court through testimony or discovery. The attorney-client privilegerefers to the legal relationship between a client and an attorney. The relationship protects confidential inform…
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When Does Attorney-Client Privilege Attach in A Criminal Case?

  • No single statute determines when attorney-client privilege attaches to a conversation. However, courts generally recognize attorney-client privilege when each of the following elements applies: 1. A person seeks legal advice from a lawyer acting in their capacity as an attorney 2. The communications between the parties are for the purpose of obtaining legal advice 3. The inform…
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Are There Cases Where Attorney-Client Privilege Does Not Apply?

  • Yes, there are some instances where an attorney could be compelled to disclose confidential information discussed with a client. 1. Privilege may be breached after a client’s death if the client’s heirs or other parties claiming an interest in the estate file a lawsuit. 2. Privilege does not apply if the person seeks legal advice about committing f...
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How Can I Know When Attorney-Client Privilege Applies in My situation?

  • There is debate about attorney-client privilege and free consultations. For example, does privilege attach to information disclosed before the attorney is retained? Does privilege apply to free consultations? Many sources argue that privilege may attach before a retainer fee is paid or a retainer agreement is signed. As long as the person seeks legal advice and reasonably expects t…
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