payment to consultant when attorney as agent of client

Are consultants subject to the attorney-client privilege?

By Roy Simon [Originally published in NYPRR February 2010] More than six years ago, in July 2003, I published an article in NYPRR entitled The Attorney-Client Privilege and Public Relations Firms. The article reviewed a number of cases addressing whether the attorney-client privilege can apply to a lawyer’s communications with public relations agents and other third-party …

Can an accountant act as an agent for an attorney?

Jul 01, 2012 · A party seeking to withhold documents from a consultant or other agent as privileged in these circumstances needs to convince a decision-maker that the consultant was hired to assist counsel in providing legal advice, and that the consultant was indispensible in facilitating attorney-client communications.

What is a client-lawyer agreement?

to the client's notice of substantive facts.2' Courts soon went beyond conclusively presuming a client's notice and established a second conclu-sive presumption of a client's responsibility for an attorney's negli-1811) (granting new trial on condition that attorney pay costs occasioned by failure to deliver brief

How should lawyers deal with third-party consultants?

1.2 Attorney-Client Privilege . Chapter 2 introduces the attorney-client privilege, and provides some basic principles. • The attorney-client privilege stands alone as the oldest and most important evidentiary privilege. 1.3 Clients . Chapters 3 through 8 address the "client" component of the attorney -client privilege.

Are lawyers considered agents of their clients?

A lawyer acts on behalf of the client, representing the client, with con- sequences that bind the client. Lawyers act as clients' agents in trans- actional settings as well as in litigation. ... Lawyers are agents, but lawyers perform functions that distin- guish them from most other agents.

Do Advisors break privilege?

First, including a financial advisor in otherwise privileged communications does not waive the privilege if the advi- sor is the “functional equivalent” of an employee of the client. ... Second, the privilege is not waived if the advisor “facilitates” the render- ing of legal advice to the client.Jun 8, 2015

Are communications with consultants privileged?

No matter how essential or unique a contractor may be to the organization, unless a communication was made for that purpose, it will not be protected as privileged.May 11, 2020

What is a retainer fee for a lawyer?

A retainer fee commonly refers to the upfront cost of a contract for professional services, such as with a consultant, freelancer or a lawyer. You put down a deposit, which the service provider will use to cover any costs involved in their legal services.May 23, 2019

Are contractors covered by attorney-client privilege?

by Charles Bieneman Communications between a company's attorneys and an independent contractor may be protected by the attorney-client privilege, so long as the communications are directed to the independent contractor functioning as an employee.Apr 11, 2012

What is the difference between confidentiality and attorney-client privilege?

The main difference between attorney-client privilege and attorney-client confidentiality is that the former is an evidentiary principle while the latter is an ethical principle.

What is a Kovel agreement?

A Kovel arrangement allows the attorney-client privilege and work-product doctrine to extend to communications with a third-party expert — like an accountant — so long as that expert was hired “for the purpose of obtaining [confidential] legal advice from a lawyer.”10 A Kovel arrangement is created when a client's ...Feb 14, 2019

Can a third-party assert privilege?

The Use of Third-Party Agents and the Functional Equivalent Doctrine. ... Traditional black-letter law teaches that the presence of an outside, or third, party on an otherwise privileged communication will waive privilege.

Is legal consultation privileged?

In general, as long as the prospective client is seeking legal advice or representation and reasonably believes the communication will be confidential, the consultation is privileged. This is so even if the would-be client never pays or hires the attorney.

What is a retainer fee for consulting?

A consulting retainer is a fixed sum of money paid in full, upfront to hire a consultant for an allotted period of time. It's a pricing model that covers a consultant's assistance with specific deliverables or expertise to guide more general operations.Jul 22, 2020

How are retainer fees calculated?

Calculate the Retainer Fee Multiply your hourly rate, with tax included, by the number of hours required to get your retainer fee. Any other expenses should be added to this number, such as supplies or processing and legal fees.

What is a monthly retainer fee?

A monthly retainer fee is paid in advance by your clients to ensure that your services will be available to them for the period covered. Clients on a monthly retainer usually pay a recurring fee, and they usually work on long-term projects with different agencies, who are available at their beck and call.Jul 6, 2021

United States v. Kovel: Extending The Privilege to Nonlawyers

The seminal decision extending the attorney-client privilege to conversations with a nonlawyer was United States v. Kovel, 296 F.2d 918 (2d Cir. 19...

Calvin Klein: Thumbs Down on Public Relations Agents

Judge Friendly’s decision in Kovel said nothing about communications with public relations agents. The first case to address that issue was a trade...

Copper Market Antitrust Litigation: Thumbs Up on PR Agents

The following year, however, in In re Copper Market Antitrust Litigation, 200 F.R.D. 213 (S.D.N.Y. 2001) (Laura Taylor Swain, J.), the court recogn...

Twentieth Century Fox: Independent Hollywood Contractors Are Privileged

Twentieth Century Fox Film Corp. v. Marvel Enterprises, Inc., 2002 WL 31556383 (S.D.N.Y. Nov. 15, 2002) (Henry Pitman, Magistrate Judge) — a case I...

in Re Grand Jury Subpoenas: PR Agents Win Again

In In re Grand Jury Subpoenas Dated March 24, 2003 Directed to (A) Grand Jury Witness Firm and (B) Grand Jury Witness, 265 F. Supp.2d 321 (S.D.N.Y....

Currency Conversion Fee Antitrust Litigation: Transaction Processing Companies Don’T Qualify

In In re Currency Conversion Fee Antitrust Litigation, 2003 WL 22389169 (S.D.N.Y. 2003) (William Pauley, J.), a class action alleging a price-fixin...

Asia Pulp & Paper: Financial Consultant was Not A Privileged Person

Export-Import Bank of the U.S. v. Asia Pulp & Paper Co., Ltd., 232 F.R.D. 103 (S.D.N.Y. 2005) (James C. Francis IV, magistrate Judge), was a suit b...

in Re Adelphia Communications Corporation: Credit Consultants Pass Muster

In the bankruptcy proceeding entitled In re Adelphia Communications Corporation, 2007 WL 601452 (Bankr. S.D.N.Y. 2007) (Cecelia Morris, Bankr. J.),...

Sieger v. Zak: Business Consultants Qualify For The Privilege

Sieger v. Zak, 18 Misc.3d 1143(a) (Nassau County Supreme Ct. 2008) (Stephen Bucaria, J.) — one of two state court cases on the subject — was a suit...

Payton Lane Nursing Home: Construction Supervisors Make The Grade

In American Manufacturers Mutual Insurance Co. v. Payton Lane Nursing Home, Inc., 2008 WL 5231831 (E.D.N.Y 2008) (A. Kathleen Tomlinson, Magistrate...

Why do companies engage third party consultants?

Companies routinely engage third-party consultants to assist with a variety of regulatory and compliance issues. Oftentimes the issues a consultant is asked to address include highly sensitive matters that the company will prefer not be made public. As a result, companies should consider steps to protect from discovery the communications ...

What is the difference between attorney-client privilege and work product doctrine?

The attorney-client privilege and work product doctrine provide different scopes of protection. A document may be protected under the work product doctrine if it is prepared in anticipation of litigation, but may not be protected by the attorney-client privilege. Likewise, a confidential communication rendering legal advice prior ...

Is a consultant engagement confidential?

Counsel should emphasize at the outset of each consultant engagement that all communications and documents generated in the engagement should be considered confidential and only shared with individuals within the company who have a need for the information—and never with a third party without approval of counsel.

What happens when a third person is present in court?

Despite the general rule, there's an exception in most states: In general, when a third person is present, the attorney-client privilege continues to apply if that third person is there in order to aid the cause. Put more specifically, the third person must be present while fulfilling a role that furthers the defendant's legal representation. The person might be part of the lawyer's staff, an outside party with relevant expertise (for instance, an investigator), an interpreter, or even a relative who acts in an advisory role.

Can a defendant expect confidentiality?

A defendant might very well expect confidentiality when talking with a lawyer in front of a loved one. And it may be unlikely that the prosecution ever finds out about the meeting or calls the loved one to testify. But, if the prosecution tries to force a friend or loved one to the witness stand, then the role that this person played becomes crucial.

Is the internet secure?

The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. The attorney-client privilege prevents people from revealing confidential communications between defendants and their lawyers. (See The Attorney-Client Privilege .) But what happens when a third person is in ...

What is accountant services?

The accountants services were in the nature of tax return preparation or an audit. The instance of individuals licensed as both attorneys and accountants who claim privilege raises additional questions about the nature of the services rendered.

What is the role of accountants?

The accountants serve a vital, substantial and continuous role in the clients operations and act substantially like an employee. The communications or work product furthers the provision of legal services. Not all communications between an attorney and accountant are privileged.

What is an attorney for a mortgage?

In the first stage, Attorney will assist Client in determining whether Client’s mortgage loan account has been handled improperly by Client’s mortgage servicer. During this stage, Attorney will evaluate potential legal issues affecting Client’s mortgage loan account, but will not render any substantive services in connection with either the prosecution or defense of any litigation. It may take some time to complete this stage. In most cases, as part of an “extended free consultation” Attorney will send formal correspondence on Client’s behalf to a mortgage servicer seeking information or notifying the mortgage servicer of an error. There shall be no fee for these services, however Client agrees to reimburse Attorney for the reasonable and actual cost incurred, specifically including but not limited to postage, including expenses related to certified mail, or sending any correspondence sent during this stage.

What is contingent fee?

This contract shall not replace any agreement that Client may have with any other related attorneys. Often where there are more than one law firm or organization of attorneys involved, the contingent fee may be shared pursuant to a separate co-counsel agreement.

Why is litigation so risky?

While Attorney will use best efforts and reasonable professional judgment, it remains possible that this matter could be resolved against Client simply because a judge or jury disagrees with Client and or Attorney regarding the merits of the case.

How many stages of an attorney's services?

The services that Attorney will provide to Client shall take place in three different stages, and each stage shall involve somewhat different compensation. However, the matter may conclude before the second or third stage is reached.

What happens if a mortgage servicer does not respond to a letter?

It is Attorney’s experience that sending a single letter to a mortgage servicer notifying the mortgage servicer of an error or requesting information is very often not effective because mortgage servicers frequently do not comply with their obligations to respond to that type correspondence. If Attorney sends correspondence to Client’s mortgage servicer notifying the mortgage servicer of an error, or requesting information, and the mortgage servicer fails to adequately respond, Attorney will prepare the matter for litigation. This will include evaluating the mortgage servicer’s response, and conducting factual and legal research. Frequently, Attorney will also send follow up correspondence. During this stage, Attorney will charge a fee consistent with the rate schedule described below. However, fees will only be incurred in this stage if Attorney determines that Client’s mortgage servicer failed to appropriately respond to the request for information of notification of an error that was previously sent on Client’s behalf. It is anticipated that any fees incurred during this stage will be recoverable as damages a result of that violation, and these costs shall be recovered through litigation subject to the provisions of Stage Three described below. Thus it is expected that the attorneys fees incurred in this stage will be recovered as damages through litigation. Provided that Client reasonably complies with all of Client’s obligation under this agreement and cooperates in the prosecution of appropriate claims through litigation, Attorney will defer collection of the fees incurred in this stage until the conclusion of the litigation. However, the fees incurred in this stage are not contingent. Nevertheless, provided that Client complies with all obligations under this agreement, Client shall be obligated to pay no more than $50 per month for fees incurred under this agreement. Client’s obligation to pay will only commence when the litigation concludes. This obligation shall only arise of the recovery from the litigation is insufficient to pay the fees incurred at this stage, or if that litigation is unsuccessful. Client’s maximum liability for fees incurred at this stage shall be $2000 (two-thousand dollars) and will generally be much less.

What happens if you recover funds from an adverse party?

Whenever any funds are recovered from any adverse party, those funds will be held in escrow and disbursed pursuant to the terms of this agreement. Prior to disbursement, Attorney shall provide Client with a written statement explaining the total amount recovered, the total amount of third party costs, the total amount of attorneys fees, and the amount to be paid to each attorney. No funds will be disbursed until Client executes the disbursement statement. If Client refuses to execute the disbursement statement, or is unavailable to do so for a prolonged period of time, Attorney will commence an interpleader action. In the event that Client’s acts or omissions make an interpleader action necessary, Client agrees that any time spent by Attorney in connection with the interpleader action shall be reimbursed at the amounts set forth in the above rate schedule and any third party, shall be reimbursed entirely from the recovered funds that would otherwise be payable to Client.

How much does Jeffrey Golant charge per hour?

$400 per hour - Jeffrey Golant or any attorney affiliated with The Law Offices of Jeffrey N. Golant, P.A. with 10 or more years experience as an attorney licensed to practice in any United States jurisdiction.