what all can i discuss with my lawyer during the initial consultation; is it confidential

by Prof. Lorna Dickinson Sr. 6 min read

Once again, although an initial consultation does not form an attorney-client relationship, as that is not formed until there is a signed representation agreement, everything that you communicate with an attorney during a consultation will remain privileged and confidential, as if an attorney-client privilege had formed.

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What happens at an initial consultation with a lawyer?

Dec 08, 2015 · With lawyers asking many of the questions during the initial consultation, clients sometimes forget to ask questions that would like to know about the lawyer or upcoming case. Here’s a list of questions you should ask your lawyer: 1-Will you always be honest with me about my case and not just tell me what I want to hear?

Can a lawyer repeat confidential information to a client?

Nov 17, 2020 · A lawyer is professionally obligated not to disclose any details from your consultation. This privilege exists even if you choose not to hire the lawyer to represent you. Since a consultation works best if you are open and candid about the facts of your case, you do not have to worry about the attorney sharing any information about you that could harm you.

What should I bring to my first consultation with a lawyer?

Nov 16, 2020 · At the initial consultation the attorney will generally ask you to give him or her a brief description of what you need help with. At this point, the attorney is not looking for the whole story, but a brief summary. He or she will then ask you a series of targeted questions in order to determine: • The nature of your legal issue; • Your legal options; • Whether the attorney can …

When should a prospective client reveal information to the lawyer?

master:2022-04-05_10-14-50. The most basic principle underlying the lawyer-client relationship is that lawyer-client communications are privileged or confidential. This means that lawyers cannot reveal clients' oral or written statements (nor lawyers' own statements to clients) to anyone, including prosecutors, employers, friends, or family members, without their clients' consent.

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...

What is the purpose of a free consultation?

The purpose of a free consultation is not to obtain specific legal advice in the consultation, but rather to allow you to determine whether you would like to hire the attorney and to allow the attorney to determine whether he or she can help you achieve your legal goals.

What is retainer in a case?

A retainer is basically a down payment for the attorney’s work.

What is retainer in a trust account?

A retainer is basically a down payment for the attorney’s work. It is kept in a trust account and remains your money and refundable until the attorney earns it. This is a great time to ask the attorney any questions that you have, including questions about his or her experience with cases like yours.

Do attorneys give free consultations?

Many attorneys offer both free consultations and paid consultations, depending on what you are trying to accomplish. The key to understanding the difference, is that generally attorneys will not give legal advice without being first hired by the client.

What is the relationship between a lawyer and a client?

The most basic principle underlying the lawyer-client relationship is that lawyer-client communications are privileged, or confidential. This means that lawyers cannot reveal clients' oral or written statements (nor lawyers' own statements to clients) to anyone, including prosecutors, employers, friends, or family members, ...

Is a jailhouse conversation confidential?

Jailhouse conversations between defendants and their attorneys are considered confidential, as long as the discussion takes place in a private area of the jail and the attorney and defendant do not speak so loudly that jailers or other inmates can overhear what is said.

Does Blabbermouth waive confidentiality?

Blabbermouth defendants waive (give up) the confidentiality of lawyer-client communications when they disclose those statements to someone else (other than a spouse, because a separate privilege exists for spousal communications; most states also recognize a priest-penitent privilege). Defendants have no reasonable expectation of privacy in conversations they reveal to others.

Is a lawyer's client's communication confidential?

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., U.S. Sup. Ct. 1967.)

Why is it important to have a first meeting with an attorney?

This first meeting is also an opportunity for you to evaluate the attorney. This is important, because you will be sharing thoughts and feelings that you may not share with anyone else. For that reason, you should feel comfortable speaking with the attorney and you should feel that you can trust the attorney to act in your best interests.

Can an attorney guarantee a monetary award?

However, if the attorney does see merit in your case, you will discuss the situation further. While an attorney can’t guarantee you a specific monetary award, he can use his expertise and past experiences to give you an idea of what to expect in your case.

Why do lawyers offer free consultations?

Most lawyers offer a free consultation so that you have a chance to determine if he or she is the right person for you. Going to the first meeting with some simple questions can help you ensure you find the right person for the legal help you need. You will not get much legal advice at this consult since it is not meant to resolve your legal ...

What to ask a lawyer about a case?

An important question to ask a lawyer is what the strategy for your case will be and the outcome the lawyer expects. You’ll want to get details on what kind of procedures to expect. Ask how long it will take for the entire case to be resolved. Discuss the legal strategies that will be used. Find out if your attorney will attempt to settle and if mediation or arbitration are options. Think about the answers and if you are comfortable with them. Maybe you want to avoid a trial at all costs but your attorney really wants to just go to trial, or perhaps you have no intention of settling and want your day in court. It is important that your lawyer’s strategy lines up with your needs.

What is a meeting with a lawyer?

Meeting with a lawyer for an initial consultation is generally not a chance to ask legal questions that are in depth, but is instead an opportunity to get a sense as to whether this lawyer is the right one to handle your case. Use this meeting to help you decide which lawyer will be the best one for your case.

Why is it important to meet with a small business attorney?

Meeting with a small business attorney is an important way to get your business off to a good start and minimize future risks. Here are questions to ask at your first meeting.

What is an initial consultation?

All attorneys meet with prospective clients in what is called an initial consultation. This is a first meeting between you and the lawyer to help you both decide whether you want to work together in an attorney-client relationship. At this point, you are both checking each other out, and getting information and advice that can help you ...

What are some examples of legal documents?

Examples may include birth certificates, marriage certificates, cell phone texts, emails, photos, audio recordings, or videos. Make a set of copies of everything that you plan to share with the lawyer. Give the lawyer the copies at the beginning of the initial consultation.

What is the right to confidentiality?

Your right to confidentiality is one of your fundamental protections when organizing a defense against a criminal charge. Your attorney cannot discuss any of your private conversations with someone else, even if you confess your guilt. If a defense attorney spoke to you but does not represent you, he or she cannot testify about what you said to him or her. Conversations with a therapist or your spouse are also confidential in most cases. However, there are situations in which your private conversation is not protected and could be used against you:

What is the phone number to contact a McHenry County criminal defense attorney?

To schedule a free consultation, call 815-338-3838.

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 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.

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 ...

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.

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.