what can you tell your attorney

by Orville Sawayn 9 min read

Absolutely tell your lawyer about any prenuptial agreements you signed or those you verbally agreed to before your marriage. This includes any type of agreement you might not have known was official, such as a napkin you signed when you and your spouse were out to dinner during engagement planning.

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What should I look for when hiring a lawyer?

Even if your lawyer forgets to ask some of these questions, offer them your list of answers to the following: 1. What is the worst thing that somebody would say about you, even if it weren't true? 2. Do you have any friends in common with the other party? Would they testify against you? 3. Do you have a criminal record?

What should I look for in a divorce lawyer?

Aug 24, 2016 · Your lawyer cannot defend you using information that you do not tell them. For this reason, it is in your best interest to share as much information as possible with your attorney. If your lawyer genuinely believes that you are guilty but you are going to lie about your guilt in court, he or she may choose to recuse themselves from your case. However, they are not likely …

What does an attorney need to know about a case?

Jan 16, 2018 · Absolutely tell your lawyer about any prenuptial agreements you signed or those you verbally agreed to before your marriage. This includes any type of agreement you might not have known was official, such as a napkin you signed when you and your spouse were out to dinner during engagement planning.

What do lawyers do with the client's information?

master:2022-03-21_13-03-58. At some point, defendants and their attorneys inevitably discuss the facts underlying criminal charges. An attorney needs to know about the case in at least some detail. Otherwise, the lawyer can't effectively advise the client about the viability of going to trial and any theories of defense (for example, self-defense or someone else being responsible).

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Can you tell anything to your lawyer?

The attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to.

Do you tell your attorney everything?

For an attorney-client relationship to be effective, the client must be able to share all relevant information with his/her lawyer without worrying that it may be used against him/her in court. Therefore, the lawyer-client relationship is one of the most robust privileges in California evidence law.

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

Can a lawyer tell you to lie?

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 happens if you confess to your lawyer?

On the one hand, anything you tell to your attorney is covered by the attorney-client privilege. However, if you are truly guilty, or have lied about the facts previously and change your story, your attorney will not want to put you on the stand so that you will incorrectly testify.

What if a lawyer knows his client is lying?

If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020

How do you know a bad lawyer?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.Aug 19, 2020

How do I know if my lawyer is good?

So if you're curious, use these five quick ways to research whether your lawyer is legit:State Bar Profile. Every lawyer who is licensed to practice law in your home state must be listed in your state bar association's directory. ... Google / Search Engines. ... Yelp. ... The Attorney's Own Website. ... Third-Party Rating Groups.Sep 18, 2014

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 ...

Can lawyers have tattoos?

Firms whose dress codes are based on their clients' reasonable expectations – rather than any hidebound concepts of what their staff should look like – may offer their lawyers a lot of leeway in their appearances, including accepting body jewelry as long as it is tasteful and discreet, and even tattoos.Jan 30, 2017

What is the most common charge against prosecutors?

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

What is the role of a criminal defense attorney?

A criminal defense attorney stakes his or her professional reputation on their efforts to protect their client’s rights. In the course of their career, many defense attorneys may have to represent a client who admits guilt.

What does it feel like to be accused of a crime?

If you have been accused of a crime, you are probably feeling anxious and worried. Whether or not you actually committed the action of which you are accused, it’s normal to feel nervous about appearing in a court of law before a judge, jury and prosecuting attorney. After all, the outcome of your legal case could determine whether ...

What is attorney-client privilege?

Attorneys are sworn to protect information that you divulge to them after you have hired them to represent you. This is known as attorney-client privilege. Essentially, once you have hired an attorney, they are legally bound to protect the things that you tell them regarding your case.

What to do if you are worried about divulging facts?

If you are worried about divulging certain facts about your case, the best thing for you to do is to find an experienced attorney and hire them to represent you. Remember, you only have attorney-client privilege with a lawyer who is representing you. Only discuss the details of your case with an attorney whom you have hired to represent you in court. If you admit guilt to your lawyer, it may actually help your case in the long run.

What to tell your lawyer about prenuptial agreements?

Absolutely tell your lawyer about any prenuptial agreements you signed or those you verbally agreed to before your marriage. This includes any type of agreement you might not have known was official, such as a napkin you signed when you and your spouse were out to dinner during engagement planning. The courts take written contracts very seriously in any capacity. The same is true for any postnuptial agreements you signed. These contracts can change the outcome of your divorce case and are critical information to give to your lawyer.

What happens if my marriage ends?

If your marriage ends, the status of a spouse who is an immigrant can change. Tell your lawyer if you or your spouse is not an American citizen, so he or she can offer help and advice for what to do after the finalization of the divorce. There may be immigration laws you need to take into account to keep you or your spouse’s status legal.

What does an attorney need to know about a case?

An attorney needs to know about the case in at least some detail. Otherwise, the lawyer can't effectively advise the client about the viability of going to trial and any theories of defense (for example, self-defense or someone else being responsible). With the client's information and the prosecution's discovery, ...

What is the duty of a defense attorney?

A Lawyer's Duty. A defendant admission of guilt to a defense attorney doesn't necessarily mean that the case won't—or shouldn't—go to trial. For example, a defense attorney might advise a "guilty" client to go to trial because: the police or prosecution violated the client's rights—for instance, through an improperly suggestive lineup.

What is the best strategy for someone facing criminal charges?

The best strategy for someone facing criminal charges is to follow the lead of an experienced, trusted criminal defense lawyer, and no matter, to be truthful with that lawyer. An attorney who has your best interests in mind will advise you regarding the possibilities and your best course of action. Talk to a Lawyer.

Is the internet secure?

The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. At some point, defendants and their attorneys inevitably discuss the facts underlying criminal charges. An attorney needs to know about the case in at least some detail.

What is attorney client privilege?

Attorney-Client Privilege – Your attorney is bound by the ethics of the legal profession not to reveal whatever you tell him without your permission. The only times this doesn’t apply is if you: Waive your right to privilege, which means you give the lawyer permission to disclose information.

Why is knowing the truth important?

Knowing the truth enables your lawyer to focus less on whether you did it or not, but on whether the court can prove you did it.

What to do if you are not satisfied with your lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.

What to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

Can you sue for legal malpractice?

If you want to sue for legal malpractice, do it as quickly as possible. A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument.

Does the state bar reimburse clients?

But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.

How to get a good lawyer to take your case?

“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”

Why is it important to approach a lawyer with honesty?

“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.

What is a potential money pit?

When hiring an attorney, a potential money pit is “expenses” outside of the lawyer’s billable hours. Expenses include everything—copying and faxing costs, hiring expert witnesses, and even traveling via private jet, points out attorney Justin C. Roberts. Some lawyers don’t just pass the charges along; instead, they charge an additional percentage fee. Whatever their method, you need to know it up front so there won’t be any surprises when the bill arrives.

Do good lawyers always find every opportunity to keep a case from being decided by a judge?

In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says. “If a lawyer suggests they want to try the case in front of a judge, you should definitely speak with another lawyer before proceeding,”

Can you appeal a disability denial?

If you feel helpless when faced with an insurance denial, please know that you might be able to appeal with the help of a qualified lawyer, says David Himelfarb, attorney. Insurance companies routinely deny long-term disability claims, for example, particularly because it’s assumed that most people don’t have access to reputable attorneys to challenge the denial. “This is where intricate knowledge of the legal and insurance process, as well as the right team of experts to prove the claim, can reverse the odds.”

Do most cases settle outside the courtroom?

In choosing your attorney and your plan of action in resolving a dispute, it’s important to consider that despite what you see on television, most cases never see the inside of a courtroom. Typically, they’re settled outside the courtroom because of the time and expense involved, according to attorney Darren Heitner, author of How to Play the Game: What Every Sports Attorney Needs to Know.

What do you need to know before hiring a personal injury lawyer?

Before you hire an attorney, you’ll sign a contract that sets forth the lawyer’s fees. Most personal injury lawyers work on a contingency basis, which means they get paid a percentage of the damages you receive. However, they’re also going to charge you for additional expenses that come up while the case is in process.

Why is my lawyer not returning my calls?

Reason #1: Your lawyer isn’t returning your calls. Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone ...

How to terminate a contract?

Hire a new lawyer first, and then fire the old one. Write a termination letter. Any time you modify or terminate a contract, it must be in writing.

What is zealous representation?

Your lawyer has a duty to pursue your legal action with zealous representation. That’s legal-speak for the concept that the lawyer should do everything that’s reasonably feasible to advocate for, or represent, their client. Almost every law student is taught about zealous representation in law school, but some might forget or become less motivated as the years go by.

Can a lawyer lie?

Your lawyer is also bound by the laws in your state and their code of ethics. You can’t expect them to lie, nor can you expect them to cover up evidence (or fabricate evidence). Doing so would put them in a position that could jeopardize their career, license, and reputation.

Can you return a phone call?

There’s no excuse for not returning phone calls or emails within a reasonable amount of time. Be aware that your calls might be returned by an assistant or paralegal — you might not always be able to get your lawyer on the phone.

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