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. (Katz v. U.S., 389 U.S. 347 (1967).)
Most, but not necessarily all, of what you tell your lawyer is privileged. 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.
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AnswerCan a lawyer tell you what is going on in divorce?
Your Lawyer Doesn’t Know What’s Going on in Your Case Your attorney should know your case status at any given time. It’s okay if your attorney needs to check the docket or case notes to verify certain items. However, your lawyer should be able to tell you what’s happening in your divorce when you ask.
Does my lawyer have to keep my confidentiality?
Your lawyer must keep your confidences, with rare exceptions. The most basic principle underlying the lawyer-client relationship is that lawyer-client communications are privileged, or confidential.
What should I not say to my prospective divorce attorney?
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.”
Should I retain a lawyer for my divorce?
When you retain a lawyer, whether for a divorce or another issue, the lawyer is ethically charged with holding what you say to him/her as confidential. That means your attorney cannot talk about your case in public or to third parties without your consent.
Can lawyers talk about cases with their spouses?
Under attorney-client privilege, lawyers are not allowed to divulge the details of anything their clients tell them in a court of law. In addition to that, The Duty of Confidentiality protects clients from having their lawyers casually discuss the private details of their case outside of court.
Are communications between attorneys privileged?
Evidence Code 954 is the California statute that makes communications between attorneys and their clients privileged and confidential. This is what is known as the “lawyer-client privilege” (or the “attorney-client privilege”).
Are emails subject to attorney-client privilege?
Emailed correspondence between attorney and client is privileged. However, the client can take some actions which will waive this attorney client privilege.
What is considered privileged communication?
privileged communication, in law, communication between persons who have a special duty of fidelity and secrecy toward each other. Communications between attorney and client are privileged and do not have to be disclosed to the court.
What should you not say to a lawyer?
Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.
Can your lawyer snitch on you?
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.
What information is not privileged?
Non-Privileged Records . Means documents and records, whether hard copy or electronic, which are not subject to any legal privilege preventing its discovery and/or disclosure in a legal proceeding.
What documents are legally privileged?
An email or letter from you to a qualified lawyer (barrister or solicitor) asking for advice, and the written legal advice you receive, are examples of documents which are privileged.
Does copying an attorney on an email make it privileged?
Many judges caution that an employee who merely copies an in-house attorney on an email to a non-lawyer colleague does not automatically render the email privileged. Courts scrutinize the putatively privileged communication to determine whether its primary purpose was to secure or dispense legal advice.
What are the exceptions to confidentiality?
Mandatory Exceptions To Confidentiality 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 is breach of confidential communication mean?
What Constitutes a Breach of Confidentiality? A breach of confidentiality occurs when a patient's private information is disclosed to a third party without their consent.
What is not privileged communication?
A communication is not confidential, and therefore not privileged, if it is overheard by a third party who is not an agent of the listener. Agents include secretaries and other employees of the listener.
Losing Your Right to Confidentiality: Speaking in A Public Place
Suppose you discuss your case with your attorney in a restaurant, loud enough for other diners to overhear the conversation. Can they testify to wh...
Losing Your Right to Confidentiality: Jailhouse Conversations Via Phone
Jailhouse conversations between defendants and their attorneys are considered confidential, as long as the discussion takes place in a private area...
Losing Your Right to Confidentiality: Inviting Others to Be Present
For perfectly understandable reasons, defendants sometimes want their parents, spouses, or friends to be present when they consult with their lawye...
Losing Your Right to Confidentiality: Sharing The Conversation With Others Later
Blabbermouth defendants waive (give up) the confidentiality of lawyer-client communications when they disclose those statements to someone else (ot...
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...
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…
Share Sensitive information.
- You probably don’t want to tell your attorney you are having an affairor 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…
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 …
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 …
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