questions about when a lawyer is retained are confidential v. hines

by Maddison Ondricka 3 min read

Can a lawyer repeat confidential information to a client?

As to Count 9 of File 8969 and the single count of File 12704, which alleged that Hines had failed to return the corporation's file upon the termination of the representation and had disclosed confidential information to Bruce Atherton, the commissioner concluded that Hines had violated Rules 1.16(d) and 1.6(a). 36 Specifically, he found that ...

What is the difference between attorney client privilege and duty of confidentiality?

Hines v. Anderson, 439 F. Supp. 12 (D. Minn. 1977) case opinion from the U.S. District Court for the District of Minnesota ... and treatment are confidential and should be conducted discreetly; ... may be punishable by the Court as provided by law. XI. Jurisdiction is retained by this Court for the purpose of enabling any of the parties to ...

Are discussions of previous acts subject to the attorney-client privilege?

In [15 Cal.4th 1024] Marsden, we held that "a judge who denies a motion for substitution of attorneys solely on the basis of his courtroom observations, despite a defendant's offer to relate specific instances of misconduct, abuses the exercise of his discretion to determine the competency of the attorney." (People v.

Is Everything you Tell Your Lawyer privileged?

retained copies of confidential and privileged information, including that relating to Petrel, for purposes of providing ... be applied are questions of federal law.”). Applying the law of the Fifth Circuit, the standard of review is for ... v. Hines, 117 F.3d 1504, 1506 (5th Cir. 1997) (en banc)

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 does it mean when an attorney has been retained?

By “retaining” a lawyer, you are establishing an attorney-client relationship with that lawyer. There are several methods for retaining a lawyer, but typically it will require an up-front payment or fee. That fee is commonly referred to as a “retainer,” and is given to the lawyer in return for legal representation.Jul 20, 2020

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.

Are retainer letters privileged?

Retainer agreements are not privileged, however, unless they reveal a confidential communication of legal advice — the identity of the client, the fee arrangement, and the fact of retention are not privileged because they only involve the incidents of representation.Jun 25, 2013

What is a retainer's fee?

A retainer fee is an amount of money paid upfront to secure the services of a consultant, freelancer, lawyer, or other professional. A retainer fee is most commonly paid to individual third parties that have been engaged by the payer to perform a specific action on their behalf.

How are retainer fees calculated?

Calculate the Retainer Fee Multiply your hourly rate, with tax included, by the number of hours required to get your retainer fee. Any other expenses should be added to this number, such as supplies or processing and legal fees.

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

Can lawyers disclose information?

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 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.

Are law firm engagement letters privileged?

Aside from being privileged, engagement letters are generally not relevant under Rule 26.May 25, 2017

Is a retainer agreement privileged Florida?

The retainer agreement, with the exception of the “Section 2 Enforcement” provision, is not protected by either the attorney-client or the work product privilege.

Are attorney billing statements privileged California?

In a much-anticipated ruling, the California Supreme Court held on December 29, 2016 that legal invoices are protected by the attorney-client privilege, and therefore, with some exceptions, need not be disclosed under the Public Records Act.Jan 5, 2017

Why is confidentiality important in law?

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

What is privileged attorney?

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. The purpose of the privilege is to encourage clients ...

Can an attorney disclose client secrets?

Under that 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 provide effective representation.

What is attorney client privilege?

The attorney-client privilege is, strictly speaking, a rule of evidence. It prevents lawyers from testifying about, and from being forced to testify about, their clients' statements. Independent of that privilege, lawyers also owe their clients a duty of confidentiality.

Is attorney client privilege inadmissible?

If someone were to surreptitiously record the conversation, that recording would probably be inadmissible in court.

Can a client forfeit the attorney-client privilege?

No matter who hears or learns about a communication, however, the lawyer typically remains obligated not to repeat it.

Can a lawyer disclose previous acts?

If, for example, if a client tells his lawyer that he robbed a bank or lied about assets during a divorce, the lawyer probably can't disclose the information.

What is free legal answer?

Free Legal Answers is a virtual legal advice clinic. Qualifying users post their civil legal question to their state's website. Lawyers provide information and basic legal advice without any expectation of long-term representation. The website increases access to advice and information about non-criminal legal matters for those who cannot afford ...

Who is the president of the LSC?

LSC President Jim Sandman, ABA President Judy Perry Martinez, ABA Free Legal Answers founder Buck Lewis, and Chair of the Standing Committee on Pro Bono and Public Service David Bienvenu discuss the value of the site and the ease of volunteering.