can a lawyer repeat what you say

by Josh King 7 min read

Similarly, a client can forfeit the attorney-client privilege by repeating a conversation with an attorney to someone else, or by having a third person present during a conversation with the lawyer. No matter who hears or learns about a communication, however, the lawyer typically remains obligated not to repeat it.

A lawyer who has received a client's confidences cannot repeat them to anyone outside the legal team without the client's consent. In that sense, the privilege is the client's, not the lawyer's—the client can decide to forfeit (or waive) the privilege, but the lawyer cannot.

Full Answer

Can a lawyer repeat confidential information to a client?

Can they testify to what you said ? Yes. Lawyer-client communications are confidential entirely if they are made in a context where it would be reasonable to expect that they would remain confidential. ( Katz v. U.S., 389 U.S. 347 ( 1967 ).

How do you ask someone to repeat what they said?

But a client who speaks to a lawyer in public wouldn't be able to prevent someone who overheard the conversation from testifying about it. Similarly, a client can forfeit the attorney-client privilege by repeating a conversation with an attorney to someone else, or by having a third person present during a conversation with the lawyer. No matter who hears or learns about a communication, …

How to talk to a lawyer about a legal matter?

May 21, 2021 · Put simply, the attorney-client privilege means what you say to your lawyer is confidential. Your communications with your attorney are meant to be “full and frank” so as to allow your lawyer the ability to best represent you and your interests. Ask a Lawyer a Question You'll hear back in one business day. Get started

Do you have to repeat a speaker when speaking English?

Mar 12, 2018 · One of the most misunderstood issues in criminal law is hearsay. People often confuse he said/she said evidence with hearsay. Many people believe that the State cannot prosecute a person based on he said/she said evidence. This article seeks to clear up any misunderstandings regarding what hearsay is and isn’t and when the State can proceed on …

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Can a lawyer use what you say against you?

Can they testify to what you said? Yes. Lawyer-client communications are confidential only if they are made in a context where it would be reasonable to expect that they would remain confidential.

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

What happens if your client tells you they are guilty?

If your client confesses you are generally under no obligation to present that information to the court. Rather, you are duty-bound by attorney-client privilege to protect your client's statements and to provide a proper legal defense.Aug 27, 2017

Is a conversation with a lawyer confidential?

As a general rule, any communication between a lawyer and a client is confidential and subject to the attorney client privilege. The attorney cannot tell that information to anyone without the client's consent. Importantly, this privilege applies to the lawyer's prospective clients, as well as actual clients.Oct 26, 2017

Why do lawyers ignore you?

There's bad news your attorney doesn't want to deliver. If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.Mar 29, 2021

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 a lawyer tell you to lie?

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 a lawyer knowingly defend a guilty client?

We adhere to strict rules of law and ethics, and we cannot knowingly mislead the Court. If a client tells us that he or she has committed the offence in question, then we cannot allow him or her to give evidence of his or her innocence under oath otherwise we would be complicit in their perjury.Feb 24, 2016

Do lawyers care if their client is guilty?

In NSW, that body is called the Law Society of New South Wales. The ethical standards do not prevent criminal lawyers from representing a client they know is guilty, but the lawyer will not be able to lie or knowingly mislead the court on their client's behalf.Dec 18, 2014

Can a lawyer tell your secrets?

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

When can a lawyer break confidentiality?

When can a solicitor breach confidentiality? A solicitor cannot be under a duty of confidentiality if the client is trying to use them or the firm to commit fraud or other crimes. A client cannot make a solicitor the confidant of a crime and expect them to close up their lips upon any secret they dare to disclose.Jan 7, 2021

Can you say anything to a lawyer?

This is important: anything you say can and will be used against you in a court of law. Now, this may surprise you, but this doesn't just apply at the time of an arrest or only while in the police station for an interview.Nov 22, 2019

What is attorney-client privilege?

The attorney-client privilege generally begins when you ask a lawyer for legal advice. Note that this can be in an initial consultation, not simply when you sign a letter of engagement. Setting matters: if you approach a lawyer in his office and explain your legal matter, it should be confidential.

Is Rocket Lawyer a substitute for an attorney?

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

What to do if you are interviewed by authorities?

If you are interviewed by authorities or attorneys, or subpoenaed as a witness to court, give truthful answers and let the court sort out what you can and can not testify. Other than that, why would you spread scandal and risk being sued, or worse.

What does it mean when a friend says you saw something you did not?

As for court/testimony - if your friend wants you to say that you saw or experienced something that you did not, that is perjury or lying under oath. If she simply wants you to repeat what she said, that would be hearsay and could be admissible under some circumstances. As for the press - your statements to any third party could be slander (or, if recorded, libel). It depends if it hurts the person's reputation.

Can you lie to a court and say you saw something you didn't see?

You mean can you lie to a court and say you saw something you didn't see? No, that's perjury. Can you be required to testify that your friend told you these things? Yes. That's called a party admission.

What is it called when a person makes a statement that is detrimental to themselves?

Statements made by a person that are detrimental to themselves are known as ADMISSIONS AGAINST INTEREST , and are admissible as an exception to the hearsay rules. It is not slander/liable, if it is the truth. Did you say this is your friend.

Can a court hearsay if no one objects?

It is hearsay but if no one objects, the court may let the statement into evidence. There is several rules (exceptions) for the admission of hearsay. If the lawyers are involved, you can bet they may object.

Can you testify against someone in court?

Yes you could testify against someone in court if that testimony was being used against the person who told you. It is not slander or lible unless you are lying about what you were told.

Can slander be hearsay?

Slander and libel only apply to making false statements. While testifying to what another said can be hearsay, that is only if that person is not available to testify. Also, statements made by a party to a trial/admissions are not hearsay.

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