what is it called when u ask for information from another lawyer about information

Full Answer

Can a lawyer tell you confidential information?

When you seek advice from an attorney about a legal matter, your private communications with your lawyer are protected by the attorney-client privilege. This means that your lawyer cannot reveal any information that you disclose to him or her in confidence, unless you give your express permission.

What is legal information and how do I get It?

Legal information, on the other hand, can be given by anyone who is knowledgeable on the law. It is simply a statement of what the law is, without any application to your particular situation, leaving up to you the decision of how to proceed.

Can a lawyer ask for documents from a case?

Most documents held by your lawyer that relate to the case are yours — ask for them. In some states, however, a lawyer may have some rights to a file until the client pays a reasonable amount for work done on the case. What if I feel that my lawyer has acted unethically?

Can I do if my lawyer isn’t keeping me informed?

My lawyer isn’t keeping me informed on what’s going on. What can I do? Lawyers are ethically bound to keep their clients informed on important developments in the case, and to respond to inquiries.

Who decides where to bring a lawsuit?

The plaintiff initially decides where to bring the suit, but in some cases, the defendant can seek to change the court. (2) The geographic area over which the court has authority to decide cases. A federal court in one state, for example, can usually only decide a case that arose from actions in that state.

What is the difference between acquittal and affidavit?

A. acquittal - Judgment that a criminal defendant has not been proven guilty beyond a reasonable doubt. affidavit - A written statement of facts confirmed by the oath of the party making it. Affidavits must be notarized or administered by an officer of the court with such authority.

What is bail in criminal law?

bail - Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.

What is the appellant in a lawsuit?

To make such a request is "to appeal" or "to take an appeal.". Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant. Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law.

What is the power of an appellate court?

appellate - About appeals; an appellate court has the power to review the judgment of another lower court or tribunal. arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.

When must you disclose documents and information in a court case?

If your case is in the justice court, you must disclose certain documents and information to the other side at the very start of the case. (JCRCP 16.1 (a).) After this first disclosure of documents and information, both sides have an ongoing obligation to supplement their initial disclosures as the case moves forward. (JCRCP 16.1 (c).)

What happens after a defendant files his answer with the court in response to plaintiff’s complaint?

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.

What happens if you don't disclose a witness?

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.

What documents do you need to give to the other side?

Documents. You must give the other side copies of all documents that are reasonably available that you think you might use to support your allegations or denials in the complaint or answer. This includes any document you might use to rebut the other side’s allegations or denials or to impeach a witness at trial.

What is the list of witnesses required to exchange?

The list must include the name, address, and phone number of each person and a general description what they are likely to know. Documents.

Why is it important to settle a case without going to trial?

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.

How long does it take to file an early case conference report?

Make sure you keep a copy for yourself. Step 2: File the early case conference report. Within ten days after you and the other side make the initial disclosures in Step 1, the parties must file an Early Case Conference Report with the court.

What can an attorney do for you?

An attorney can help you navigate through complex legal problems and advise you on the best course of action, whether it be litigation, informal settlement negotiations, or a settlement demand. If you are sued or believe you need to sue someone over a contested legal matter, an attorney can help you.

What are some examples of legal advice?

Some examples of legal advice include drafting legal documents or contracts that affect the rights of a person, representing someone in a court of law or in a legal matter, negotiating the rights of a client, and advising someone about specific legal matters.

What to do if you don't understand a contract?

Also, if you are faced with a contract which you do not understand, you may want to seek a lawyer to advise you of what the contract says, and how it might change your legal situation. Legal advice is very detailed and tailored to particular predicaments. Legal information is indicated in many more situations.

What is a legal statement?

It is simply a statement of what the law is, without any application to your particular situation, leaving up to you the decision of how to proceed. Given the costs associated with hiring a lawyer, it is good to know when you need legal advice, and when you simply need legal information.

Is legal information general or devoid of any application?

If you have a question of whether or not a certain act is legal in the abstract, without regards to your specific situation, legal information will probably suffice. Legal information is typically general and devoid of any application to a specific problem.

Can a non-lawyer give legal advice?

In general, only a licensed attorney can give legal advice, but there is distinction between “legal advice” and “legal information.”. Any non-lawyer can simply recite laws, but it is illegal for a non- lawyer or unlicensed attorney to offer legal advice or represent someone other than herself in a court of law. ...

What to do when a request asks for a document?

If a request asks for a document, make a copy of the document; in your response, describe the document and say that a copy is attached; and attach a copy of the document to the responses you send back to the other side.

What happens if the other side asks for a document you don't have?

If the other side is asking for a document you don’t have at the moment - but one you can get - you still have to produce it. For example, if the other side asks for your bank statements, you may not have them right now, but you can get them from your bank or its website. So you have to get them and produce them.

How many requests can a party make to the other side?

Each party can usually serve forty requests for admissions to the other side.

How many days do you have to answer an interrogatory?

If you have received interrogatories, you have thirty days to prepare your written answers (unless the court has ordered something else). You do not file your written answers with the court.

How long do you have to respond to a request for admission?

If you have received requests for admissions, you have thirty days to prepare your written responses (unless the court has ordered something else). You do not file your written responses with the court. You simply mail the original back to the other side.

How long do you have to respond to a court order?

If you have received requests to produce, you have thirty days to prepare your written responses (unless the court has ordered something else). You do not file your written responses with the court. You simply mail the original back to the other side.

What to do if you can't respond to a request?

If you are unable to respond to a request because it is too vague, ambiguous, or somehow objectionable, you can state an objection and the reason for your objection. You must then respond to the extent the request is not objectionable. For example: REQUEST NO. 3: Please produce all papers and tickets.

Why should a lawyer refuse to take a case?

Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.

How should a lawyer act in both professional and private life?

How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

What is the relationship between a lawyer and a client?

In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.

What is the job of a lawyer?

Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

What to do if your lawyer is not responding to your complaint?

If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.

What happens if your lawyer doesn't communicate?

A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.

What can a lawyer ask a witness to testify about?

During direct exams, attorneys can ask witnesses to identify demonstrative evidence, such as documents and photographs and/or to explain what they saw, heard, or did in relation to the case at hand. For example, a plaintiff's attorney in a car accident personal injury lawsuit may call a bystander to testify as to what he or she saw just before, during, and/or after the accident, including what the weather was like, what happened during the accident, and any other details the witness remembers from the day.

What happens after a plaintiff's attorney completes the direct examination?

After the plaintiff's attorney completes the direct examination, the defendant's attorney gets to cross-examine the witness. Cross-examination is a fundamental right in the American system of justice. Generally, cross-examination is limited to matters covered during the direct examination. The attorney may ask leading questions during cross-examination.

What happens after a witness is cross-examined?

After this, the opposing attorney can conduct a final recross examination of the witness, which is limited to the subjects brought up during the redirect.

What does cross examination mean in court?

During cross-examination, the attorney tries to undermine or impeach the witness's credibility by showing that the witness is not reliable or that the witness may have misstated something or even lied during the direct examina tion. For example, if the witness said one thing in an accident report or during a deposition and then testified differently at trial, the defendant's attorney can refer to the previous statements and show inconsistencies in the story.

How to undermine a witness's credibility?

Another way to undermine the witness's credibility is to show that the witness has a stake in the outcome of the case, which might influence the testimony.

What happens when a defendant calls witnesses?

The same procedure is followed as in the plaintiff's presentation of witnesses. The defendant's attorney conducts direct examination of the witnesses, and the plaintiff's attorney will conduct cross-examinations.

What is cross examination?

Cross-examination is a fundamental right in the American system of justice. Generally, cross-examination is limited to matters covered during the direct examination.

What are the issues that arise when an insurer, or its agent, obtains information from public sources or from third parties

These issues include privacy, confidentiality, trade secrets, and both civil and criminal breaches of state and federal law.

What was the Supreme Court able to infer from the detailed nature of the information provided?

The Supreme Court was able to infer from the detailed nature of the information provided, the means whereby the information was acquired, and the use to which the information was put (the projection of future prices) that an agreement to raise prices existed.

What are the legal and ethical issues resulting from the obtaining of competitive intelligence?

These can be characterized as antitrust or unfair competition issues.

When did the NAIC adopt the Health Information Privacy Model Act?

The insurer is generally required to obtain a signed authorization before information may be disclosed. In September 1998 , the NAIC adopted a new model act regarding privacy, the NAIC Health Information Privacy Model Act. The new model applies to all lines of insurance, but is limited to health information.

Is exchange of sensitive information among competitors dangerous?

While the exchange of sensitive information among competitors may not necessarily produce a restraint on trade, it may produce the appearance of such a restraint and, therefore, is dangerous to the participants.

Overview

How to Begin Discovery in Justice Court

• When you seek advice from an attorney about a legal matter, your private communications with your lawyer are protected by the attorney-client privilege. This means that your lawyer cannot reveal any information that you disclose to him or her in confidence, unless you give your express permission. Except for some very limited exceptions, even a cou...

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How to Begin Discovery in District Court

Discovery Tools

Overview

How to Answer Interrogatories

How to Respond to Requests For Production of Documents

• After the initial discovery described above, the parties can use these discovery tools to get additional information: 1. Depositions Depositions allow you to question the other side, or question witnesses who are not parties to the case, to find out what they know. The party who wants to take the deposition must pay the costs associated with it (co...

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How to Respond to Requests For Admissions

• When a party to a civil case needs to get information from the other side, she can serve the other side with written requests called “discovery requests.” These requests might include: 1. Interrogatories, which are written questions about things that are relevant or important to the case. (NRCP 33; JCRCP 33) 2. Requests for production of documents ...

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