can a lawyer share what you have yold them

by Ibrahim Mitchell 6 min read

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.

Do I have to tell my attorney everything about my marriage?

Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers effectively represent their clients. The Client's Privilege Generally, the attorney-client privilege applies when:

What are the money secrets divorce lawyers wish you knew?

Nov 20, 2018 · It’s imperative that both the lawyer and the client approach one another with complete honesty, attorney Paul Edelstein, tells Reader’s Digest. “ …

Can a lawyer share a settlement offer with you?

Apr 10, 2015 · Where the circumstances permit, but do not require, the attorney to cease representation, the withdrawal is considered voluntary.The circumstances under which an attorney may withdraw mid-case include: the client is refusing to pay the attorney for his or her services in violation of their fee agreement. the client is refusing to follow the ...

Is Everything you Tell Your Lawyer privileged?

If an attorney is representing you and a debt collector contacts you, tell them which attorney is representing you and that they should contact the attorney. It is generally a good idea to tell the debt collector in writing that you have an attorney. If your attorney fails to respond to the debt collector within a reasonable period of time or ...

image

Are discussions with lawyers confidential?

The duty of confidentiality prevents lawyers from even informally discussing information related to their clients' cases with others. They must ordinarily keep private almost all information related to representation of the client, even if that information didn't come from the client.

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 are the exceptions to the confidentiality rule?

Most of the mandatory exceptions to confidentiality are well known and understood. They include reporting child, elder and dependent adult abuse, and the so-called "duty to protect." However, there are other, lesserknown exceptions also required by law. Each will be presented in turn.

What type of communications are protected by attorney-client privilege?

Under this doctrine, a lawyer's notes, observations, thoughts and research are protected from discovery processes. The attorney-client privilege only protects the essence of the communications actually had by the client and lawyer and only extends to information given for the purpose of obtaining legal representation..

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

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

Can lawyers disclose information?

Section 126 of the Act prohibits an attorney from disclosing an attorney-client privileged communication. The communication may be of any form and nature, verbal or documentary. It even covers facts observed by an attorney in the course and purpose of the attorney-client relationship.May 8, 2019

Under what circumstances can an attorney reveal information about the client that the attorney obtained during the representation of that client?

(a) A lawyer shall not reveal information relating to the representation of a 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 paragraph (b).

What are the limits of confidentiality?

The 'limits of confidentiality', it is argued, are set by the wishes of the client or, where these are not known, by reference to those whose right and need to know relate to the care of the client.

Can a lawyer testify against a client?

' Alternatively, a lawyer may witness events on which a client's liability turns in litigation, making the lawyer a valuable source of proof for the client or an adversary. Regardless, lawyers and courts alike are uncomfort- able with the dual roles of lawyer and fact witness.

Can my lawyer talk to the other party?

6.03 (5) A lawyer shall not in the course of a professional practice send correspondence or otherwise communicate to a client, another licensee, or any other person in a manner that is abusive, offensive, or otherwise inconsistent with the proper tone of a professional communication from a lawyer.

Can lawyers talk about cases with their spouses?

The short answer is no. Because once lawyers and their clients begin working together there are rules lawyers must abide by specifically attorney-client privilege and the duty of confidentiality.

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.

Do you need a lawyer to write a demand letter?

On reading a demand letter, the other person will often say, “this isn’t worth the trouble” and they quickly settle. But here’s a secret from Knight: You don’t need a lawyer to write a demand letter. You can do it yourself. Just make it look as formal as possible, and you may find your dispute goes away—no charge to you.

Should a lawyer stay out of court?

In fact, a lawyer should try to stay out of court. “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.

How to share facts with divorce lawyer?

It’s important to share all relevant facts with your divorce attorney so he or she can prepare for and deal with potential problems. Even if you think a particular fact is irrelevant to your divorce, make certain to mention it to your attorney so he or she can decide whether the item could create a problem down the road. You don’t need to tell your attorney everything about your marriage and children, but make certain to share all items relevant to the issues of your case. If you are in doubt about what your attorney needs to know, get guidance on what’s relevant.

What to discuss with a lawyer about divorce?

There are a number of important issues you will need to discuss with your attorney during the first meeting, including child custody, child support, spousal support, division of the marital estate, any separate property claims, community debts, and your expectations about the likely outcome of the case.

What is collaborative divorce?

A collaborative divorce is a cooperative process where an experienced team guides you through your divorce with minimal stress and expense. Litigation is an adversarial approach to divorce and involves going to court, presenting evidence, ...

Why is it important to go to court for divorce?

Going to court encourages fighting, the stress of litigation makes it more likely you will become emotional, and the lawyers will control the divorce because court rules and procedures are complex.

Why do lawyers use investigators?

Some attorney use investigators to search for damaging facts, and if there is a suspicion of an affair , an investigator is likely to be involved. If you are in an abusive relationship, make certain you tell your lawyer, even if you are ashamed of it. Also, if you have contracted a sexually transmitted disease or have hidden assets or debts, ...

What happens during discovery in a divorce?

During the discovery process, if you opt for a litigated divorce , these facts are likely to come up and in a collaborative divorce, you are obligated to share all relevant information with the other side. Some attorney use investigators to search for damaging facts, and if there is a suspicion of an affair, an investigator is likely to be involved. ...

Why is it so hard to be honest in divorce?

It’s difficult to be totally honest because the issues are personal and can be embarrassing. Even when you know conversations with your attorney are confidential, some things make you feel ashamed so you are reluctant to be totally open about ...

What is the obligation of an attorney to cooperate with the client?

The attorney must cooperate with the client's new counsel and must hand the client's complete file over as directed. An attorney who has withdrawn from representation has a continuing professional obligation to maintain the confidentiality of all matters within the attorney-client relationship, so for example the attorney cannot become ...

What does it mean when a client refuses to pay an attorney?

the client is refusing to pay the attorney for his or her services in violation of their fee agreement. the client is refusing to follow the attorney's advice. the client is engaged in fraudulent conduct, and.

What does it mean when an attorney withdraws from a case?

When an attorney withdraws in the middle of a client's case, that withdrawal is usually categorized as either "mandatory" or "voluntary." In this article, we'll explain the difference between these two processes, along with some examples of each. Keep in mind that with either type of withdrawal, the attorney usually needs to ask for and obtain the court's permission before ending representation of one of the parties in a civil lawsuit in the middle of the case.

What happens when an attorney is not competent to continue the representation?

the attorney is not competent to continue the representation. the attorney becomes a crucial witness on a contested issue in the case . the attorney discovers that the client is using his services to advance a criminal enterprise. the client is insisting on pursuit of a frivolous position in the case. the attorney has a conflict of interest ...

Is an attorney's withdrawal from a case mandatory?

An Attorney's Mandatory Withdrawal. If the circumstances require that the attorney withdraw from representation, the withdrawal is considered mandatory. Situations that could give rise to an attorney's mandatory withdrawal from a case include: the attorney becomes a crucial witness on a contested issue in the case.

What happens if my attorney doesn't respond to my debt?

If your attorney fails to respond to the debt collector within a reasonable period of time or your attorney says that the debt collector may get in touch with you directly, then the debt collector may contact you.

Can I share my PII with my employer?

Yes. No. Additional comment (optional) Please do not share any personally identifiable information (PII), including, but not limited to: your name, address, phone number, email address, Social Security number, account information, or any other information of a sensitive nature.

Can a debt collector contact an attorney?

If the debt collector knows that an attorney is representing you about the debt, the debt collector must contact your attorney and cannot contact you. This is only true if the debt collector knows, or can easily find out, the name and contact information of your attorney.

Why is it important to tell your lawyer the truth?

There are a number of benefits of telling your lawyer the truth, including: Crafting a Solid Defense Strategy – It helps for attorneys to know all the details of a situation. That’s the only way they are able to devise a good defense for your position.

What does it mean when a lawyer knows the truth?

Even when you have been caught outright committing a crime, if your lawyer knows the truth, he can advise you on your best chances for acquittal or at least a reduced sentence.

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.

Can a lawyer win a case if you are guilty?

Even if you are guilty, a good lawyer can still win your case or have it dismissed based on mitigating circumstances, but only if he knows about them . Unless you have a law degree yourself, it’s unlikely that you’ll be able to recognize circumstances you can use to your advantage.

Is it bad to tell your lawyer the truth?

The main disadvantage is that once your attorney knows the truth, he can’t put you on the stand to testify if he knows you are going to lie, and neither will he actively lie on your behalf.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

Do lawyers need to take more cases?

Don' t forget that lawyers don't always need to take more cases. Yes, new clients are a great thing, but I don't want clients that will eat all my time and get no where fast. Your tip: keep your communication very simple and to the point.

Why is it bad to prohibit salary discussions?

That's because there is no way for employees to gauge wage equality with co-workers if they can't discuss their compensation.

Why is it illegal to talk about your employer on social media?

That's because trying to curtail worker communications can be seen as an illegal attempt to prevent them from unionizing or organizing.

Can employers get in hot water for not paying payroll taxes?

Employers can get in hot water for failing to withhold payroll taxes, and they could also be on the hook for other penalties if the employee files a complaint saying they weren't properly compensated. [. READ: How to Professionally Handle an Uncomfortable Situation in the Workplace.

Is no one above the law?

More. No one is above the law, including your boss. The National Labor Relations Act and a variety of statutes overseen by the U.S. Equal Employment Opportunity Commission protect employees from hostile work environments, discrimination and unfair labor practices.

Do all workplace laws apply to every business?

Not all workplace laws apply to every business and employee. For instance, some small businesses may be exempt from certain requirements, and managers may not have all the same wage protections as hourly workers. What's more, state laws can vary.

What happens if you meet with a lawyer?

If you have a meeting with your lawyer, there’s a good chance you took time off from work, secured childcare, or had other obligations that you changed or gave up in order to be at the meeting. Your lawyer shouldn’t waste your time, be unprepared, or mishandle your funds or documents.

Why do I retain legal counsel?

Reason #4: You disagree with your lawyer’s advice. You retain legal counsel because you need advice. However, the lawyer should still take your wishes into consideration. The lawyer could be pressuring you to accept a settlement that you think is too low to cover your costs after an accident.

Why is malpractice considered a legal malpractice?

Malpractice could be intentional or by accident. If your lawyer has done anything that has cost you the ability to win or settle your case, or that had a detrimental effect on your proceeding, it could be considered malpractice.

Why do I have to pay off my personal injury case?

Pay off your balance immediately because the lawyer could hold your case files until they receive payment. If you know your lawyer isn’t working for you, but you don’t have a second lawyer yet, please feel free to use the Enjuris Personal Injury Law Firm Directory to find a lawyer near you who can take your case.

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 ...

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.

Do you need to take legal advice from a paralegal?

You don’t need to take legal advice from an assistant or paralegal. They should relay your question to your lawyer, and then relay the answer back to you if the lawyer doesn’t get back to you directly. Still, you should never feel like you’re being left in the lurch or that you can’t get a response from your lawyer.

image

Disclose All Relevant information.

  • It’s important to share all relevant facts with your divorce attorney so he or she can prepare for and deal with potential problems. Even if you think a particular fact is irrelevant to your divorce, make certain to mention it to your attorney so he or she can decide whether the item could create a problem down the road. You don’t need to tell your...
See more on collaborativedivorcetexas.com

Provide A Written History of Your Marriage.

  • It’s helpful for your attorney to have a written statement outlining the important facts in your marriage, including how you met your spouse, when you married, the names and ages of your children, your education, where you work, critical events in your marriage, what you think caused the divorce, and who wants the divorce. A good way to organize the history is chronologically fro…
See more on collaborativedivorcetexas.com

Share Sensitive information.

  • You probably don’t want to tell your attorney you are having an affair or physically abusing your spouse or children, but it’s critical that your attorney knows about these difficult facts so he or she can be properly prepared to defend you if they come up in the course of your divorce. During the discovery process, if you opt for a litigated divorce, these facts are likely to come up and in a coll…
See more on collaborativedivorcetexas.com

Issues to Discuss.

  • There are a number of important issues you will need to discuss with your attorney during the first meeting, including child custody, child support, spousal support, division of the marital estate, any separate property claims, community debts, and your expectations about the likely outcome of the case. You will want to discuss sole or joint custody of the children, standard visitation or shared …
See more on collaborativedivorcetexas.com

Things Not to say.

  • Finally, there are some things you should not say to your prospective attorney, such as “I don’t care about costs because I want to punish my spouse, I want to bring a friend with me to our meeting, I need to get this over with as soon as possible because I want to remarry, or I will never pay child support to my ex-spouse.” Telling a lawyer you don’t care about costs may double your …
See more on collaborativedivorcetexas.com