Also, the duty of confidentiality begins even before a lawyer-client relationship has officially been formed. When you initially meet with an attorney, you will likely have to disclose a certain amount of information even before you hire them. This is to allow the attorney a chance to see if they can take your case or not.
Full Answer
The rule of client-lawyer confidentiality applies in situations other than those where evidence is sought from the lawyer through compulsion of law. The confidentiality rule, for example, applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source.
What is the Lawyer's Duty of Confidentiality? To put it briefly, the Duty of Confidentiality states that your lawyer cannot reveal anything that is related to your legal representation without your consent. Thus, your lawyer is prohibited from revealing any matter that might be related to the legal claim for which you have hired them.
The client must be informed as to the consequences of disclosure. Self–Defense of Attorney: The attorney can disclose confidential information if it is necessary to defend themselves against a personal claim that the client filed against them.
Factors to be considered in determining the reasonableness of the lawyer's expectation of confidentiality include the sensitivity of the information and the extent to which the privacy of the communication is protected by law or by a confidentiality agreement.
The first is called the lawyer’s Duty of Confidentiality, while the second is called the Attorney-Client Privilege.
If your lawyer is to represent you effectively, it is very important for you to feel a sense of trust and confidence in your legal counsel. Your legal issue may involve a number of sensitive and private matters. Understand that all attorneys are held ...
Exceptions to the attorney–client privilege include: 1 Disclosure by Client: If the client discloses information to a party other than their attorney or staff, they have effectively waived (lost) the privilege. The communication can then be used in court. The client can also consent to disclosure. 2 Crime/Fraud: If the client sought the lawyer's services in order to commit or aid in the commission of the crime, the lawyer can reveal the information. 3 Joint Client Exception: Suppose the attorney is hired by two people to represent them as joint clients. If they subsequently file a lawsuit between themselves, either party can use the attorney as a witness if they desire. The attorney might then disclose information about either party. 4 Self–Defense of Attorney: As a defense in court, the attorney can disclose the client’s information if the client chooses to sue them.
This is to allow the attorney a chance to see if they can take your case or not. This information is also to be kept confidential if it relates to your particular legal claim. The duty also applies even if no formal lawyer-client relationship is ever formed.
The communication must be made for the purpose of securing legal advice, services, opinions, or assistance in a legal proceeding.
As a client, you are expected to share with your attorney as much information as needed to further the cause of your case. However, as a client you’re also entitled to understand what your rights are concerning the standards of confidentiality.
Finally, the duty of confidentiality extends indefinitely, even after the case is resolved and the attorney-client relationship has formally ended. Your lawyer is not allowed to disclose confidential information related to your claim after they are done representing you in court.
I agree with my brethren with one technical caveat: the attorney has to accept your consultation as a lawyer. I have a broad circle of friends and acquaintances. I am not the lawyer of every one of them. Nor can you retain me as a lawyer by walking up to me on the street or at a social function.
It's a great question.
Generally, the attorney-client confidentiality begins the minute you communicate with your lawyer or potential lawyer. Good luck!
Toan attorney for the recipient with consent of the recipient, guardian authorized to consent or parent/legal guardian of a minor recipient
Information may be disclosed at the discretion of the holder without the consent of the recipient/guardian/parent under 1 or more of the following situations:
As explained above, the duty of confidentiality applies to ALL information the attorney has about the client; it is not limited to conversations between the attorney and the client. Furthermore, the duty of confidentiality applies to all settings, not just settings in which the rules of evidence apply .
The attorney-client privilege is an evidentiary rule that prevents a court from using its powers to compel the revelation of confidential communications between an attorney and a client. Important takeaways: It is a rule of evidence that applies in the court (or litigation) setting.
There are four exceptions to attorney-client privilege and six exceptions to the duty of confidentiality. Two of the exceptions apply to both the attorney-client privilege and the duty of confidentiality!
The privilege does not apply when the attorney can furnish evidence about the competency or intention of a client who gives or attempts to give property by will or during life.
The privilege does not apply if the client seeks the attorney’s services to engage in or assist a future crime or fraud. (NOTE: this is also an exception to the duty of confidentiality.) The privilege does not apply to a communication that is relevant to an issue of breach, by either the attorney or the client, ...
It is not limited to communications between the attorney and the client. It applies in ALL scenarios, not just the court or litigation setting. Like the attorney-client privilege, the duty of confidentiality also lasts forever, surviving both the termination of the attorney-client relationship and the death of the client!
Pursuant to this rule, a lawyer shall not reveal confidential information relating to the representation of the client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by an exception to the duty of confidentiality. Important takeaways:
Factors to be considered in determining the reasonableness of the lawyer's expectation of confidentiality include the sensitivity of the information and the extent to which the privacy of the communication is protected by law or by a confidentiality agreement. A client may require the lawyer to implement special security measures not required by ...
The rule of client-lawyer confidentiality applies in situations other than those where evidence is sought from the lawyer through compulsion of law. The confidentiality rule, for example, applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source.
Absent informed consent of the client to do otherwise, the lawyer should assert on behalf of the client all nonfrivolous claims that the order is not authorized by other law or that the information sought is protected against disclosure by the attorney-client privilege or other applicable law.
[5] Except to the extent that the client's instructions or special circumstances limit that authority, a lawyer is impliedly authorized to make disclosures about a client when appropriate in carrying out the representation.
See Rule 3.3 (c). Acting Competently to Preserve Confidentiality. Former Client.
Almost without exception, clients come to lawyers in order to determine their rights and what is, in the complex of laws and regulations, deemed to be legal and correct. Based upon experience, lawyers know that almost all clients follow the advice given, and the law is upheld. [3] The principle of client-lawyer confidentiality is given effect by ...
A lawyer may not disclose such information except as authorized or required by the Rules of Professional Conduct or other law. See also Scope. [4] Paragraph (a) prohibits a lawyer from revealing information relating to the representation of a client.
Representation files closed before October 1, 1988 cannot be destroyed without reasonable notice to the client.
When the firm continues because the agreement provides for continuation, or a new law firm is formed by the remaining members who expressly assume the business of the former firm (subject to client approval), the work of the original firm is completed as the work of the new firm continues.
The general rule is that the client is the client of the law firm and each member has an obligation to perform the contract and is responsible for another member's failure in that respect. The prevailing view is that lawyers are not immediately discharged of these obligations on dissolution.
If withdrawal terminates the firm (partnership), give written notice to all known trade creditors. Publish notice of dissolution in a newspaper of general circulation in the county in which the firm conducts business; Give written notice of dissolution to all law firm clients .
When lawyers reach a decision to relocate, the departing lawyers must give timely notice to the lawyer's current firm or employer as soon as reasonable under the circumstances in order to minimize harm to the lawyer's current firm arising from the firm's reliance on the lawyer's continuance with the firm.
However, common sense tells us that depart ing lawyers should not not ify clients of their impending departure or ask firm clients to follow them to a new law firm before the lawyers notify the current firm of their intent to depart.
Lawyers having management responsibilities should avoid decision making that may impact negatively on the firm were the lawyer to leave the firm. Serious consideration should be given to resigning management responsibilities once a lawyer becomes serious about departure.