if a lawyer is doing a investigation on someone do you have the right to know what it is about

by Dr. Matilda Smitham PhD 8 min read

No, you have no right to know about open criminal investigations proceeding against you. However, you can make a public records request to find out about past cases if enough time has passed it may be disclosed. You'd have to make a request with each agency.

Full Answer

Do I need a lawyer if I’m under investigation?

Aug 22, 2011 · Regardless of the situation if you find yourself under investigation you need to speak with a lawyer before you talk to the police. Often, people do not understand the exact nature of the crimes they are being accused of, and if they do they don't know how their words might hurt them. Getting locked into a defense at the beginning of your case ...

What do employees have a right to know about an investigation?

Apr 01, 2022 · You have a right to remain silent and not incriminate yourself under the 5 th Amendment. If the police are questioning you, you should invoke this right and remain silent. You should also advise the officer that you want your attorney present. You should not answer the police officers’ questions or talk to them because they could get you to make incriminating …

Do you have to tell the police you have an attorney?

Jan 18, 2017 · January 18, 2017 by Rise. INTERVIEW BY RISE PARENT LEADERS. When you’re investigated by child protective services, you have to make decisions every step of the way. You have to decide what information to share, whether to enroll in services, and, if you wind up with a case, whether or not to go to trial. You can’t know for sure what will help or hurt your situation.

What should I do if I am under investigation?

Aug 11, 2021 · Some basic rights that you are entitled to include proper and effective communication/correspondence between a client and his or her attorney, the competency of the attorney to know the core knowledge and expertise of a client’s legal issue, the work was completed ethically and the agreement of fees is followed.

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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 are the four responsibilities of lawyers?

DutiesAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...•Sep 8, 2021

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).

Are client names confidential?

"In most situations, the identity of a client is not considered confidential and in such circumstances Attorney may disclose the fact of the representation to Prospective Client without Witness Client's consent." Citing to Los Angeles County Bar Association Professional Responsibility and Ethics Committee Op.Mar 14, 2018

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

Can a lawyer mislead their opponent?

It is professional misconduct for a lawyer to knowingly mislead the court. Under the Legal Profession Uniform Law (NSW), the Legal Services Commissioner is unable to reach conclusions about the truth or otherwise of evidence presented in court by your opponent's lawyer.

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

What is a lawyers duty of confidentiality?

The duty of confidentiality applies to information about your client's affairs irrespective of the source of the information. It continues despite the end of the retainer or the death of the client when the right to confidentiality passes to the client's personal representatives.Nov 25, 2019

Can a lawyer breach 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

What is legal conflict check?

Conflict checks are run by law firms to ensure that their commitment to a client's cause will not be affected by the commitment the firm has towards some other person. Usually such conflict checks are run at the time when the attorney-client relationship is established.

When can you disclose information about a client?

You can disclose a patient's health information to a 'responsible person' where: the patient lacks the capacity to consent or is unable to communicate consent, and. the disclosure is either necessary to provide appropriate treatment, or is made for compassionate reasons.Sep 6, 2019

What is the confidentiality rule?

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. A lawyer may not disclose such information except as authorized or required by the Rules of Professional Conduct or other law.

What is the right to an attorney?

Right to an attorney. Under the 6 th Amendment to the Constitution, you have a right to an attorney. If you are a suspect or are even worried that you are, you want to exercise this right and retain an attorney. Hiring an experienced criminal defense attorney immediately may help you avoid criminal charges.

What happens if you are not under arrest?

If you are not under arrest and have not been given your Miranda rights under the 5 th Amendment to the U.S. Constitution, you can and should leave. If the police stop you, the problem may be that you may not be certain if you are being arrested or simply questioned. The best strategy is to ask the officer.

Which amendment gives you the right to remain silent?

You have a right to remain silent and not incriminate yourself under the 5 th Amendment. If the police are questioning you, you should invoke this right and remain silent. You should also advise the officer that you want your attorney present.

Can you discuss a case in jail?

If you are placed in a holding cell, do not discuss your case with inmates. Do not discuss your case on a jail telephone as the conversation could be tape recorded.

Can you be charged with a crime that you did not commit?

Even if you know that you are innocent and have nothing to hide, you cannot assume that your problems will be over if you cooperate with the police. The reality is that you could find yourself charged with a crime that you did not commit. If the police are contacting you about a criminal investigation, you want to exercise these important rights:

What does it mean when you are being questioned by someone in authority?

A: When you’re being questioned by a person in authority, you can think that you have to do everything they say. Knowing your rights can help you understand that you also have power.

What happens when you are investigated by child protective services?

When you’re investigated by child protective services, you have to make decisions every step of the way. You have to decide what information to share, whether to enroll in services, and, if you wind up with a case, whether or not to go to trial.

Can you interview your child in school?

They also have the right to interview your child in school without your permission.

Is CPS mandated?

A: CPS workers will sometimes say that services are mandated but nothing is really mandated until you go to court and the judge orders it. That said, if you understand the safety concerns that CPS has about you, any steps you take to address those concerns may help, including voluntarily participating in services.

Can you refuse to go to court with CPS?

A: Yes. But refusing entry to CPS will not end the investigation. If CPS has information that a child may be in danger, they have the authority to go to court to ask for a court order—similar to a search warrant—requiring you to allow them access. CPS must give you notice if they intend to do this, and you have a right to go to that court hearing. In an emergency, CPS can also return with the police without a court order.

Can you know if you are being investigated for a crime?

No , there is no right to know if you are being investigated for a criminal offense.#N#If you are not a member of a criminal organization and you believe you have been under surveillance for the past several years, chances are you suffer from a mental health illness and should seek out treatment.

Do you have a right to know if you are being investigated?

You do not have a right to know if you are being investigated for a crime. It is unlikely that such an investigation would go on for years without charges being brought, the police do not have the time and money for such things.

What are the laws against retaliation?

Anti-retalitation Laws. Many states have laws against retaliation. If an employer finds out that an employee made a complaint against him, the employer is legally prohibited from firing the employee or otherwise retaliating against him. For example, an employer cannot refuse to promote an employee or take disciplinary action against her ...

What is Section 8 of the National Labor Relations Act?

Section 8 of the National Labor Relations Act. Most Common Workplace Lawsuits. Employee Rights to Legal Representation During Investigations. Employment Rights for Senior Citizens. Federal and state laws grant employees rights such as minimum wage, overtime pay and freedom from discrimination and harassment.

Does OSHA allow anonymity?

OSHA keeps complaints confidential, however, even though it does not allow anonymity. Some state or local agencies, such as the Cambridge Police Department, may give employers the right to know who complained about them.

How do you know if you are under investigation?

The most common way people who are under investigation learn about it is when the police come to their door and ask to talk. This often occurs early in the morning, before you have started your day. Law enforcement officers will identify themselves and ask to talk to you. If the officers are asking questions about you, rather than a neighbor or a coworker, you are probably under investigation.

How to keep tabs on someone's activities?

A common way to keep tabs on someone's activities and conversations is through the use of electronic surveillance, like bugs and wiretaps. Listening devices, called bugs, and video cameras are extremely small today and hard to detect if you don't know what you are looking for. They are usually wireless and self-powered to make them more difficult ...

What is a target letter?

In some cases, a prosecutor may send you what is called a target letter, informing you that you are indeed the target of an investigation and inviting you to meet with her. If law enforcement does want to talk to you, you have the right to talk to a lawyer before accepting the invitation. References.

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