do you have to give up information when a lawyer requests it

A. Minnesota law does not require you to provide personnel information to the attorney. Only an employee has the right to receive a copy of his or her “personnel record.”

Full Answer

Do I have to give my personnel information to my attorney?

Oct 15, 2015 · Rule 1.15 (c) obligates lawyers to maintain complete records of all properties of a client coming into the lawyer’s possession and promptly surrender to the client, as requested, the properties to which the client is entitled. Rule 1.16 requires lawyers, upon termination of representation, to surrender all property to which the client is entitled.

Can a lawyer keep a client informed about the status?

Jun 17, 2012 · A. Minnesota law does not require you to provide personnel information to the attorney. Only an employee has the right to receive a copy of his or her “personnel record.”

Why do lawyers advise clients to keep copies of documents?

Nov 23, 2021 · Irrelevant information – You may object to any question if you feel that it is improper or does not have any relevance to the case. In most cases, your attorney will stop you from answering and explain why she objects. The deposing attorney then must either drop the question or explain how it is related to your case.

How do you respond to a legal request for a document?

If your case is in the justice court, you must disclose certain documents and information to the other side at the very start of the case. (JCRCP 16.1 (a).) After this first disclosure of documents and information, both sides have an ongoing obligation to supplement their initial disclosures as the case moves forward. (JCRCP 16.1 (c).)

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

Is it ethical to withhold information from your attorney?

Withholding Information A lawyer may not withhold information to serve the lawyer's own interest or convenience or the interests or convenience of another person. Rules or court orders governing litigation may provide that information supplied to a lawyer may not be disclosed to the client.

Can a lawyer tell your secrets?

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

Can you ignore a letter from a lawyer?

No, you should not ignore the letter. It is unlikely that the lawyer is going to be rejected by the company's failure to respond to a lawyer letter. Most likely, the company will either get a second letter – or a formal law suit.Dec 5, 2019

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).

Can your lawyer lie to you?

Share: Everyone knows that lawyers are not allowed to lie — to clients, courts or third parties. But once you get beyond deliberate false statements, the scope of the obligations to truth and integrity become less clear.

What information is covered by the duty of confidentiality?

In common law jurisdictions, the duty of confidentiality obliges solicitors (or attorneys) to respect the confidentiality of their clients' affairs. Information that solicitors obtain about their clients' affairs may be confidential, and must not be used for the benefit of persons not authorized by the client.

What is the most common charge against prosecutors?

According to the text, the most common charge leveled against prosecutors is: failure to disclose evidence.

What happens if you don't respond to a lawyers letter?

If you do not respond by the deadline set by the other party, nothing will happen automatically. Rather, the other party will need to decide whether they want to proceed with suing you. If they choose to sue you, their lawyer will need to file a statement of claim in the relevant court and then serve the claim on you.Mar 11, 2020

What happens when you ignore a letter from lawyer?

The fact that you ignored the demand letter will be used against you in court. The demand letter will likely end up as an exhibit to the court and jury in any subsequent litigation, and your response to the demand will be judged accordingly.Mar 24, 2019

Do I have to respond to a letter from a lawyer?

It's always best to have an attorney respond, on your behalf, to a “lawyer letter,” or a phone call from a lawyer. If that's not an option for you, though, make sure that you send a typed, written response to the attorney (by e-mail or mail), and keep a copy for yourself.May 21, 2020

What is the purpose of discovery in a lawsuit?

Discovery can be used to seek information not only from the other party to the lawsuit, but also from people and businesses ...

What is discovery in legal terms?

Learn about discovery -- the legal procedures used to gather evidence for a lawsuit. Once a lawsuit gets underway, parties to the lawsuit or their lawyers start gathering information related to the lawsuit. This investigative process is aptly named "discovery," because it often turns up facts and documents that were previously unknown -- to ...

What is the rule of discovery?

The basic rule of discovery is that a party may obtain any information that pertains -- even slightly -- to any issue in the lawsuit, as long as the information is not "privileged" or otherwise legally protected (see "Discovery Limits," below). Here are some of the things lawyers often ask for in discovery:

What is a religious advisor?

religious advisor and advisee (although this privilege is often referred to as "priest-penitent," it applies more generally to any confidential conversation between a member of the clergy of a recognized religion and a person seeking spiritual counsel). Private matters.

What is the right to privacy?

Roughly, the right to privacy protects a person from having to divulge information that is not obviously relevant to the lawsuit and is a matter that a person would not normally discuss or reveal to anyone outside of immediate family and intimate friends. This might include issues such as: health or body issues.

What are the rights of third parties?

Privacy rights of third parties. Courts are more willing to protect the privacy of third parties -- for example, witnesses, co-workers, or family members of a party -- than the privacy of parties to a lawsuit.

What is a deposition in court?

Depositions. In a deposition, one party or that party's lawyer conducts face-to-face questioning of the other party or a witness to the dispute. The person being questioned (the "deponent") must answer under oath, and the answers are recorded for later use at trial.

What is a subpoena in court?

A subpoena is a written order that compels a party to provide testimony on a specific issue pertaining to a case. In the case of a deposition, since it must be requested through the issuance of a subpoena, choosing to not give testimony when formally requested may result in punishment for contempt of court, under the provision of Rule CR 37.

What are the lines of questioning?

There are lines of questioning that are considered personal or protected, and you do not have to answer in most cases. These can include: 1 Privileged information – Privileged information is usually a confidential conversation, such as a discussion between a doctor and a patient, between a lawyer and a client, or a confession given freely to a priest. 2 Private information – Any information about a person’s health, sexuality, or religious beliefs may be considered privileged unless they have a direct bearing on the case. Read more tips if you are asked personal questions in your deposition. 3 Irrelevant information – You may object to any question if you feel that it is improper or does not have any relevance to the case. In most cases, your attorney will stop you from answering and explain why she objects. The deposing attorney then must either drop the question or explain how it is related to your case.

Can a deposition be used in court?

In order to gather this testimony, however, a party must conduct a deposition, in which the witness provides testimony outside of the courtroom. Washington allows use of depositions in court to contradict or impeach the testimony of a deponent as a witness, or under other circumstances. Of course, before a deposition can be considered by the court, ...

Can a deponent avoid a deposition in Washington?

Washington law does provide certain circumstances in which a deponent is able to avoid a deposition. Pursuant to Rule CR 26, a court may issue a protective order for a deponent to prevent the deposition or discovery process from occurring.

What happens if you don't disclose a witness?

If either party fails to tell the other side about new documents or witnesses during the case, the judge can “exclude” those document or witness. That means the party who failed to disclose the document or witness may not be able to use them as evidence or rely on them at trial.

What is the discovery stage of a lawsuit?

In the discovery stage, both parties have the chance to learn (or “discover”) what evidence the other side has. The discovery stage is important for a number of reasons:

Why is discovery important?

The discovery stage is important for a number of reasons: It allows each side to prepare for trial. During discovery, the parties gather the evidence (documents, witness testimony, and the like) they will need to submit at trial to prove their case or defend against the other side’s claims.

Who issues scheduling orders?

The Discovery Commissioner issues the scheduling order and handles any problems that involve discovery. The commissioner’s website is a terrific resource. On it, you’ll find the discovery rules, forms, and examples to help you in your case. Click to visit the Discovery Commissioner website.

What is a motion in court?

“Motions” are written submissions to the court that ask the judge to rule on some (or all) issues in the case. Motions can narrow the issues for trial or even resolve the case completely before trial.

What is discovery tool?

Using discovery tools, the parties have the chance to talk to the other side and to witnesses, to see what documents and evidence the other side has that may help or hurt the case, and to learn the other side’s position on critical facts and legal issues. It allows the parties to evaluate settlement.

What is discovery process?

The discovery process is one of the most important parts of your family law litigation. You may have sent Interrogatories and Requests To Produce Documents to your ex, and you may have to answer these same discovery requests.

Why is discovery important?

Using discovery to uncover her case is an extremely important mechanism, and can ultimately save you a lot of time and money. However, the discovery requests must be followed through, especially if her response is no response at all.

What are the rights of a patient under HIPAA?

Under the HIPAA Privacy Rule, patients have several rights regarding their medical records, including a right to access, a right to amend, and, in some circumstances, a right to restrict disclosures of their protected health information (PHI). Understanding and complying with those rights is an important component of quality patient care.

What is the HIPAA Privacy Rule?

PHI used for marketing purposes and for purposes beyond what is allowed by the HIPAA Privacy Rule (i.e., treatment, payment, or healthcare operations) require the patient’s advance written authorization. A PT provider was fined $25,000 for using a patient’s PHI for marketing without consent. The provider was not only fined for posting PHI on the clinic’s website without authorization, but also for failing to reasonably safeguard PHI and implement written policies protecting PHI.

Can you release PHI without authorization?

And the authorization has to satisfy the federal regulatory requirements and possibly state law requirements. In summary, releasing PHI for purposes beyond treatment, payment, or healthcare operations is not a simple exercise.

What is the Blue Button Initiative?

In fact, Medicare’s Blue Button Initiative allows Medicare beneficiaries to download their own claims data. Health care is moving in a more consumer-driven direction; one day, all patients will have access to their records at the push of a button.

Do you need to sign an authorization form for a patient?

And the patient does not need to sign an authorization form for his or her own records. While you can—and should—implement some verification measures to identify the patient, onerous measures that create barriers to record access could be viewed as a violation of the Privacy Rule.

Overview

• When a party to a civil case needs to get information from the other side, she can serve the other side with written requests called “discovery requests.” These requests might include: 1. Interrogatories, which are written questions about things that are relevant or important to the case. (NRCP 33; JCRCP 33) 2. Requests for production of documents or things, which are writte…

See more on civillawselfhelpcenter.org

How to Answer Interrogatories

How to Respond to Requests For Production of Documents

How to Respond to Requests For Admissions

What Can Be Discovered

• The basic rule of discovery is that a party may obtain any information that pertains -- even slightly -- to any issue in the lawsuit, as long as the information is not "privileged" or otherwise legally protected (see "Discovery Limits," below). Here are some of the things lawyers often ask for in discovery: 1. anything a witness or party saw, heard, or did in connection with the dispute 2. anyt…

See more on nolo.com

Limits on What Can Be Discovered

Discovery Procedures

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