Nov 19, 2012 · 1 attorney answer. Sending your information to another client is a mistake and a breach of your attorney's duty to you. Depending on what was divulged, it may or may not be a violation of a statute. Certainly, divulging health care information implicates the HIPAA statute, …
These cases can be complex, and each involves different circumstances that will influence your situation. Contact our office in Urbandale (the West Des Moines area) to arrange a free, …
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...
Jailhouse conversations between defendants and their attorneys are considered confidential, as long as the discussion takes place in a private area...
For perfectly understandable reasons, defendants sometimes want their parents, spouses, or friends to be present when they consult with their lawye...
Blabbermouth defendants waive (give up) the confidentiality of lawyer-client communications when they disclose those statements to someone else (ot...
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.
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, ...
Heidi tells her lawyer that the drugs belonged to her , and that she bought them for the first time during a period of great stress in her life, just after she lost her job. Heidi authorizes her lawyer to reveal this information to the D.A., hoping to achieve a favorable plea bargain.
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.)
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.
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.
If a jailer monitors a phone call and overhears a prisoner make a damaging admission to the prisoner's lawyer, the jailer can probably testify to the defendant's statement in court.
Iowa’s department of corrections maintains an Internet site for the public and others. The Internet site is readily searchable by name, county, city, ZIP code and even geographic radius. The Iowa Code also provides the following for the sex offender registry site.
Records of convictions committed by a minor can be released in the same manner as records of convictions of adults.
If you are referring to the initial service of papers to start the case, the other party's attorney is not "of record" in the case yet so, technically, the other party doesn't have an attorney.
Additionally after the initial documents have been filed, you must serve the attorney except for documents which must be personally served.
The initial complaint must be served on the individual unless his/her attorney has given prior consent to accept service on the individuals behalf. Once the initial complaint has been filed and the other party has retained an attorney most pleadings will than be served on the attorney. Report Abuse. Report Abuse.
The initial complaint must be served on the individual unless his/her attorney has given prior consent to accept service on the individuals behalf. Once the initial complaint has been filed and the other party has retained an attorney most pleadings will than be served on the attorney.
However, there are certain things that almost always have to be served on the other party and not the attorney - things like the original summons and petition and an order to show cause for contempt all, generally, have to be personally served. Report Abuse. Report Abuse.
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. But if a client initiates a communication with a lawyer for the purpose of committing a crime or an act of fraud in the future, the attorney-client privilege typically doesn't apply.
In addition, the lawyer's report of the statements is admissible at the defendant's trial. ( Shorter v.
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 ...
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.
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.
If someone were to surreptitiously record the conversation, that recording would probably be inadmissible in court.
No matter who hears or learns about a communication, however, the lawyer typically remains obligated not to repeat it.
The Defendant's lawyer should be trying to contact you as a likely witness for the prosecution to determine what you will say. Defendant's are entitled to have access to witnesses against them through their lawyers. If there are things that are beneficial to the defense that the prosecution knows they are also required to disclose them. You are free to talk to whoever you want, the prosecution or defense lawyers in a...
The defendant's lawyer should not be speaking to you, before trial. You may get the opportunity to speak to the prosecutor, at pre-trial and then they can relay the info to the defendant's lawyer.#N#More
If an attorney manages to liase many or all all your issues, then you have already lost, especially if they have told you not to talk to the spouse and they have served their purpose by fait accompli. If it comes down to money, you have lost, that is the level of basic understanding marriage has become for males.
And your are right, the judges dont know the laws and/or the Florida Statutes, so no one should take for granted that they do. But the reality is,,they dont know them because they dont have to know them, because they just fly by the seat of their pants and there is no one to check them.
The gal did not investigate any of the leads I gave him. The magistrate had a stay for seven months. And the clerk of courts refused to send out the subpoenas. The clerk of courts told my attorney’s staff they were to short of staff to fax the subpoenas over my attorney’s office the day before the trial.
The purpose of hiring a private investigator is to come into possession of enough, and accurate enough, facts/evidence to win the case.
Sometimes. Continue Reading. Yes, a lawyer can find out where you live, if he or she needs to do so to investigate potential litigation.
Potentially associated people (i.e. people with whom you have lived ) A certain amount of drivers license information (it doesn't include information about tickets) Vehicle registry information: cars, boats, planes. Some information about criminal history, as it is available.
Family members. Potentially associated people (i.e. people with whom you have lived) A certain amount of drivers license information (it doesn't include information about tickets) Vehicle registry information: cars, boats, planes. Some information about criminal history, as it is available.
Your criminal records are never permanently sealed, shredded or expunged in the literal sense of the term. The clerk merely marks your records as "sealed" and anytime someone asks for a copy, the clerk is instructed to say they do not have any public record of such copy.
The government still knows about the crime and that will always be true. It just depends on what level of government has access. And, of course, the victim, if there is one, will always know about it, and if asked, would likely talk about to an investigator, private or government. 99.
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.
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. It allows parties to explore the strengths and weaknesses in the case.
After the defendant files his answer with the court in response to plaintiff’s complaint, the parties move into the “discovery” stage. In the discovery stage, both parties have the chance to learn (or “discover”) what evidence the other side has.
It allows the parties to evaluate settlement. Once each party knows what evidence exists to support or undercut the claims and defenses in the case, they are in a good position to talk about settling the case without going to trial. It allows the parties to gather the information they need to file motions.
You do not need to file your initial disclosure statement with the court. Just mail it to the other side (and any other party who has filed something in the case). Make sure you keep a copy for yourself. Step 2: File the early case conference report.
The list must include the name, address, and phone number of each person and a general description what they are likely to know. Documents.
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.