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What else can I help you with?
Is the privileged and confidential attorney work product protected from disclosure in this case?
Yes, the privileged and confidential attorney work product is protected from disclosure in this case.
How does privileged communication differ from confindentiality?
Attorney client privilege is part of evidence law that states a court cannot compel an attorney to testify in court regarding communications he had with a client. It applies only to communications between attorney and client, or with their agents. If others heard the communication, it is not considered privileged. Duty of confidentiality is an ethical duty of lawyers to keep all things relating to a client's case confidential, including communications with a client, communications with other individuals regarding the case, and attorney work product. If a lawyer reveals confidential information, he or she may be subject to state bar disciplinary proceedings. Confidential information is not necessarily protected by attorney client privilege. A lawyer could be compelled to testify in court regarding communications he had with another individual regarding a client's case, if that individual was not his client.
Why it is important that you follow confidentiality procedures in the legal office?
A client seeks out an attorney to protect his/her confidential information regarding the case the attorney is retained to protect. If the confidential information is released to the opposing attorney, the clients attorney chance of winning is dramatically reduced.
What are statements made by a defendant to his attorney?
Statements made by a defendant to their attorney are considered privileged communications, meaning they are confidential and protected from disclosure. These statements can include the defendant's account of events, expressions of guilt or innocence, and any concerns about their case or legal strategy. This attorney-client privilege encourages open and honest communication, allowing the attorney to provide effective representation. However, this privilege does not apply if the defendant discusses intentions to commit future crimes.
What is the attorneys product liability?
Attorney product liability is any attorney who can help in a case where a consumer has been injured or harmed otherwise by a defective product.
Can you see any reason why such information should not be made available to the opposing attorney?
The reason attorney work product cannot be shared is that it contains discussions about the attorney's strategy and legal reasoning as he or she prepares the case. While evidence and information is objective, attorney work product is subjective and provides the key reasoning and logic, as well as attorney-client confidential information that should never be shared, with others. Providing this would give the other side every last thought and belief an attorney and his or her client have. While discovery provides clues about what a strategy may be and what an attorney may argue, attorney work product reveals far too much about everything a client and his or her attorney have been thinking about and look at. It goes beyond what discovery is meant to do and essentially helps the other side learn exactly how to defeat the opponent.
Do attorneys have product liability?
An attorney can be sued for malpractice if the client believes that their attorney has performed poorly during a case. This has its risks as the client has to prove that there was severe negligence or malicious intent by their attorney.
What is the rationale for the attorney-client privilege and the husband-wife privilege?
A counsel is not allowed to divulge any of his conversation with his client, unless it concerns a criminal act which is still to be committed, or if his (counsel's) testimony is of such essence that it is necessary to the determination of the case and the proper administration of justice. A lawyer owes it to the courts, to his clients, to the legal profession, and to his brothers in the legal profession to keep his communication with his client confidential, except in the cases aforementioned. On the other hand, the husband-wife privileged communication arises from the fact that the spouses are considered as one, being married to each other. It may not be invoked when one spouse files a complaint against the other, and they are the sole parties to the case (like in annulment or divorce proceedings). The privileged communication only applies to instances wherein one spouse is called to testify against the other (like in criminal cases where they are not the sole parties to the case).
Does the court house keep records between attorney and clients if so where?
No. Communications between attorney and client are privileged and secret, and cannot be shared and would be contained only in the files of the attorney.Added: The records maintained on file at court consist of only the official records and transcripts of the case at issue (i.e.: what was presented and what was actually said in the courtroom.)
Can the state's attorney over turn a case?
No, attorney's do not have that power, only the judiciary can overturn a case.
If an attorney refuses your case are the charges dropped?
Not unless the attorney in the case is the prosecuting attorney (The State). Even then, a complainant may take the case to either another venue with jurisdiction, or to an higher prosecutor. However, charges are never dropped if a defense attorney refuses to take the case.
When do I need an attorney?
You need an attorney when you are involved in a lawsuit or case.
