what if the client says yes and the attorney says no

Can a lawyer call and not tell you who your client is?

Feb 23, 2017 · But what witnesses need to understand is that, at its extremes, this preference for yes/no leading questions can lead to an insistence, “Please, just answer the question ‘Yes’ or ‘No. ‘” Sometimes, for dramatic effect (or intimidation), the attorney will add in a measure of condescension: “It is a simple question.

How do you answer yes and no questions in court?

Oct 17, 2018 · This four-part series highlights four situations in which the legal system’s subjective and arbitrary character constrains your lawyer from answering “yes” or “no”: Situation 1. Where lower courts disagree with each other’s rulings — and a higher court has to step in to resolve their differing judgments.

Can a lawyer refuse to give information about a case?

Feb 28, 2014 · To a first approximation, the opposite is true. 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.

What do witnesses need to know about yes/no questions?

Mar 02, 2016 · Often no really doesn’t mean no. According to research from Marketing Wizdom, 80% of prospects decline a proposal four times before eventually saying "yes." Which then means that the vast majority of time clients are not saying “no, thank you.” Rather, they're saying, “no, convince me” or “no, I need more time.”

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.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.Jan 15, 2010

Can lawyers lie during negotiations?

In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty.Jun 17, 2015

Can a defense attorney lie?

For these reasons, among others, defense lawyers often do not ask their clients if they committed the crime. Instead, the lawyer uses the facts to put on the best defense possible and leaves the question of guilt to the judge or jury. What defense attorneys cannot do is lie to the judge or jury.

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 ...

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

Do lawyers tell the truth all the time?

Lawyers must be honest, but they do not have to be truthful. A criminal defence lawyer, for example, in zealously defending a client, has no obligation to actively present the truth. Counsel may not deliberately mislead the court, but has no obligation to tell the defendant's whole story.

Can my lawyer lie for me?

The American Bar Association's Model Rules of Professional Conduct states that a lawyer “shall not knowingly make a false statement of material fact.” In other words, lawyers aren't supposed to lie--and they can be disciplined or even disbarred for doing so.Nov 30, 2009

Can I talk to another lawyer if I already have one?

Fire your attorney before you hire someone else. There are ethical rules that prevent lawyers from speaking to someone who already has an attorney. Generally, if you're shopping around for new representation, the new lawyer will ask to see a copy of the letter you sent firing your old attorney.Aug 23, 2018

Why do lawyers protect guilty clients?

Another reason that lawyers can defend people regardless of guilt is that our society gives each citizen the right to be vigorously defended in a court of law. The U.S. Constitution assures every citizen due process and the right to legal counsel. Lawyers are bound to deliver this legal right to their clients.

Can a defense attorney knows his client is guilty?

Defense lawyers are ethically bound to zealously represent all clients, including those they believe will justly be found guilty, as well as those they believe are factually innocent. ... Truthfully, a defense lawyer almost never really knows whether the defendant is guilty or not of the charged crime.

Can a lawyer represent a client they know is guilty?

Can my lawyer represent me if he knows I'm guilty? Yes. Defense attorneys are ethically bound to zealously represent all clients, the guilty as well as the innocent.Feb 1, 2013

Why do questioning attorneys limit the answer to the single word?

So the questioning attorney’s efforts to limit the answers to the single word is an attempt to take back a bit of power from the witness. Some witnesses give in and just be led at that point, because it is easier than fighting counsel. The prepared witness, however, will try to fight back. Politely and respectfully, she will try to break out ...

What is the strongest response to a question?

Sometimes the three strongest words in response to a question are “ I don’t know .” When that is the real answer, then that answer is always going to be safer than any alternative. If the questioner has framed it in a way that prevents you from knowing whether it would be a “Yes” or a “No” answer, then say so.

What is the strategy of cross-examination?

For an attorney taking a deposition or conducting a cross-examination in trial, there is one key word that describes that attorney’s strategy: control. The questioning attorney wants, maybe needs, to control the witness in order to build useful testimony in a deposition or to highlight useful testimony in trial cross-examination. T he more the witness is talking, the less control the attorney has. So there is a preference for leading questions that just call for a “Yes” or a “No.” After all, the attorney has a lot more control when the witness is just affirming or denying the lawyer’s word choice and focus, rather than choosing the words and the focus on their own. From a control perspective, the question, “Then you finalized your differential diagnosis, without including DVT, correct?” is a whole lot better than, “What did you do then?”

What is the tactic of questioning?

A common tactic in questioning is to try to secure agreement at the level of principle, and then apply that principle to the case at hand. The agreement, in principle, is generally phrased as a hypothetical, like a question about “a patient” rather than “the patient.”.

Do witnesses have the right to their own words?

Yes (or No), But there ’s an Explanation. I believe that, as long as they’re answering questions and not filibustering, witnesses should have the right to their own words. However, I have seen it happen where counsel will successfully limit a witness to just the “Yes” or the “No,” sometimes with a judge’s help.

What happens if an attorney does not represent the client?

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.

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 Ernest V Linek?

Ernest V Linek (Unclaimed Profile) 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 the name of the client in a lawsuit?

In that case, the attorney doesn't need to disclose the name of the client. However, your situation sounds a little suspicious. If your company is involved in law suit with an individual, your company's attorney should be talking with the individual's attorney.

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 to do if client is not using budgetary concerns as an excuse?

If you determine that a client is not using budgetary concerns as an excuse and your attempts at articulating the value-to-price ratio fail, consider reevaluating what you are charging. This is not to say that you should slash the prices across the board. That’s not beneficial and can actually backfire as it may come across as desperate. But if you can work with the prospective client to peel back certain services in exchange for reaching a more agreeably priced project, it can turn a "no" into a "yes."

How to write a sales pitch?

It’s not rocket science. Essentially, tailoring your sales pitch involves a few key strategies: 1 Asking open-ended questions to get the client talking about their specific concerns rather than asking questions that can be answered with just “yes” or “no.” 2 Use open body language and maintain eye contact to convey that you are truly interested in what they have to say. Clients who can see your interest are more likely to divulge information. 3 Ensure accuracy by repeating your prospects' concerns, showing them you understand their pain points, and then explain how your services can help.

What are the two main components of a differentiator?

One, they should encompass anything your agency provides that is different from competitors such as talent, subject matter expertise, proprietary knowledge, etc., and two, they should be tied benefits.

Can you turn a no into a yes?

At the very least, even if you can’t turn the “no” into a "yes," any constructive criticism can be used to redefine your sales process and future proposals.

Is rejection inevitable?

Being rejected is inevitable. But by understanding the different meanings of the word "no" and adjusting your strategy accordingly, your agency can learn to turn a "no" into a "yes."

Can peeling back a project turn a "no" into a "yes"?

That’s not beneficial and can actually backfire as it may come across as desperate. But if you can work with the prospective client to peel back certain services in exchange for reaching a more agreeably priced project, it can turn a "no " into a "yes.".