indiana when does attorney client relationship engage

Can an attorney-client relationship be considered a sexual relationship?

[30] A particularly important factor in determining the appropriateness of common representation is the effect on client-lawyer confidentiality and the attorney-client privilege. With regard to the attorney-client privilege, the prevailing rule is that, as between commonly represented clients, the privilege does not attach.

Can a lawyer be romantically interested in a client?

cations between an attorney and client. The privilege was first recognized in Indiana as part of the common law by judicial decision in Jenkinson v. State 5 Blackf. 465, 466 (Ind. 1840). The privilege is now recognized by statute. Specifically, Indiana Code section 34-46-3-1 codifies the attorney-client privilege by prohibiting an at-

Does a sexual relationship with a lawyer violate California's conflict of interest rule?

Indiana law requires that you either sign your POA in the presence of a notary public or in the presence of two witnesses. Witnesses cannot be: someone you named as an agent or successor agent in the POA. someone who is granted some other power or benefit in the POA. a spouse or descendant of (1) or (2).

What is the position of power in an attorney-client relationship?

INDIANA STATE BAR ASSOCIATION LEGAL ETHICS COMMITTEE OPINION NO. 1 OF 1981 The ... The lay person or agency was not to engage in the ... assignee does not establish an attorney-client relationship. The contact between the recipient and the SED attorneys is …

Is the attorney-client relationship?

California courts have held that an attorney-client relationship can only be created by contract. ... Thus, despite the subjective view of the lawyer to the contrary, the reasonable perception of the purported client may determine that such person is a client of the lawyer.Aug 8, 2019

What is the foundation of the attorney-client relationship?

Four elements are necessary for the attorney-client privilege to apply: There must have been a communication; The communication must be between someone who was (or wanted to be) a client to an attorney acting as such at the time; The communication must have been made in confidence (without strangers present); and.

What rule in the Indiana Rules of Professional Conduct covers misconduct by attorneys?

Rule 8.3 - Reporting Professional Misconduct (a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional ...

What does candor toward the tribunal mean?

New Rule 3.3 (Candor Toward The Tribunal) is one such rule. It prohibits knowingly making a false statement of fact or law to a tribunal—no surprise there. Rule 5-200 requires using means “only as are consistent with truth” and prohibits misleading a judge, judicial officer or jury “by artifice or false statement.”Jul 30, 2018

Who typically conducts direct examination?

attorneyThe defendant's attorney conducts direct examination of the witnesses, and the plaintiff's attorney will conduct cross-examinations.Nov 30, 2018

What is the most common charge against prosecutors?

According to the text, the most common charge leveled against prosecutors is: failure to disclose evidence.

How long does an attorney have to keep client files in Indiana?

five yearsIt states that “Complete records of such account funds and other property shall be kept by the lawyer and shall be preserved for a period of five years after termination of the representation.”Sep 8, 2015

What constitutes the unauthorized practice of law in Indiana?

Rule 5.5 - Unauthorized Practice of Law; Multijurisdictional Practice of Law (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

What is a concurrent conflict of interest?

Concurrent conflicts of interest can arise from the lawyer's responsibilities to another client, a former client or a third person or from the lawyer's own interests.

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

Can lawyers get in trouble for lying?

The American Bar Association Model Rules of Professional Conduct prohibit lawyers from making false statements of material fact or law to third parties, and from failing to disclose material facts when necessary to avoid assisting criminal or fraudulent conduct by a client.Jun 17, 2015

What is duty of candor to the court?

A lawyer has a duty to use tactics that are legal, honest and respectful. This duty is often referred to as the duty of candour.