what is the law that says a lawyer can not talk about a client

Full Answer

Can a lawyer call and not tell you who your client is?

You are right, it is very unusual for an attorney to call and not disclose who his client is. However, it can occur. However, you are under no obligation to answer any questions either. * This will flag comments for moderators to take action. I would contact your employer or their attorney and advise them of the situation.

Why don’t lawyers talk about their cases?

“Don’t talk about your case.” Nearly all attorneys advise clients not to discuss ongoing legal matters. But why? In a criminal case the reason is obvious. Any statement made by a person of interest can easily be turned around by prosecutors and used against him or her. But in a civil case what’s the problem?

When is a lawyer’s communication with a client not privileged?

Finally, an attorney’s communication to a client is not protected if it is intended to obstruct justice or aid in the commission of a crime. An attorney cannot advise a client to hide or destroy evidence and expect the communication to remain privileged.

Is it OK to talk to your lawyer on the phone?

While your attorney must keep your conversations confidential, others are not subject to these limits to lawyer confidentiality, so if you meet your lawyer in public or talk to him or her on a cellphone while in public, anyone who overhears you could share that information with police or prosecutors.

What are the exceptions to the confidentiality rule?

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 the confidentiality rule?

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 is the difference between attorney-client privilege and confidentiality?

The main difference between attorney-client privilege and attorney-client confidentiality is that the former is an evidentiary principle while the latter is an ethical principle.

What is privileged information law?

Definition. In the law of evidence, certain subject matters are privileged, and can not be inquired into in any way. Such privileged information is not subject to disclosure or discovery and cannot be asked about in testimony.

Can lawyers talk about their cases?

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 are the 5 confidentiality rules?

Dos of confidentialityAsk for consent to share information.Consider safeguarding when sharing information.Be aware of the information you have and whether it is confidential.Keep records whenever you share confidential information.Be up to date on the laws and rules surrounding confidentiality.

When can lawyers breach confidentiality?

When can a solicitor breach confidentiality? A solicitor cannot be under a duty of confidentiality if the client is trying to use them or the firm to commit fraud or other crimes. A client cannot make a solicitor the confidant of a crime and expect them to close up their lips upon any secret they dare to disclose.

Which of the following may not be protected under the attorney-client privilege?

Which of the following may not be protected under the attorney-client privilege? A client who orally confesses to a crime.

Can a lawyer turn against their client?

Lawyers cannot “turn” on their clients. They are duty bound to always act in the best interests of their clients and they can be disbarred if it's found they aren't. Lawyers can, however, withdraw their representation. This basically means the lawyer has “fired” their client.

What does legally privileged and confidential mean?

Privileged and confidential communication is the interaction between two parties having a legally protected, private relationship. Law cannot force such parties to disclose the content of communication made between them.

What are the grounds under privilege communication rule?

A privileged communication is one made bona fide upon any subject matter in which the party communicating has an interest, or in reference to which he has a duty.

What is protected by legal privilege?

In common law jurisdictions, legal professional privilege protects all communications between a professional legal adviser (a solicitor, barrister or attorney) and his or her clients from being disclosed without the permission of the client. The privilege is that of the client and not that of the lawyer.

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 happens if a lawyer violates the rules?

If your lawyer violates these rules, he or she can be disciplined or even face a legal malpractice suit.

What is attorney-client privilege?

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 are the rules of professional conduct?

Each state has its own ethical rules for lawyers, called the rules of professional conduct. When lawyers fail to live up to this code of conduct, the state disciplinary board can take action against them—from a simple warning to disbarment (losing the license to practice law forever).

How to be courteous to a lawyer?

Be courteous to your lawyer and his or her team. Don’t ask your lawyer to do anything illegal or unethical. Pay your legal bills in a timely manner. These duties are often implied as part of the attorney-client relationship, even if you didn’t expressly agree to them in a retainer agreement.

What is the crime fraud exception?

This is called the “crime-fraud exception.”. For example, if you tell your lawyer that you plan on murdering someone tomorrow, your lawyer can alert the authorities. However, the rule generally does not apply to discussions of past criminal acts, unless the purpose is to cover up the crime.

How to represent you in court?

represent you competently, zealously, and within the bounds of the law. keep conversations with you confidential, except in specific and rare occasions. communicate with you in a timely and effective manner. keep you informed of developments in your case.

Can a lawyer reveal the content of a conversation?

Except for some very limited exceptions, even a court of law can’t force your lawyer to reveal the content of your discussions. The privilege does not, however, apply to communications for the purpose of committing a crime or an act of fraud. This is called the “crime-fraud exception.”.

Why did Burbine argue that the interrogation violated his Sixth Amendment right to counsel?

Next, Burbine argued that the interrogation violated his Sixth Amendment right to counsel because he had formed an attorney-client relationship that police failed to honor. The court also rejected this contention. Said the court, "The suggestion that the existence of an attorney-client relationship itself triggers the protections ...

Do you have to follow the instructions of an attorney?

That doesn't mean, however, that you have to follow the attorney's instruction. The Constitution does not forbid you to talk to a person just because that person has an attorney, or just because the attorney tells you not to do it.

Does Miranda protect against police interrogation?

Although neither Miranda nor the Sixth Amendment right to counsel prohibits police interrogation of a willing suspect merely because his attorney has informed police his or her client is not to be questioned, some jurisdictions may have statutory rules restricting such contacts. Officers should consult local prosecutors or legal advisers to determine the existence and application of any such statutes.

Can a suspect talk without an attorney?

Instead, the law focuses on whether the suspect is willing to talk without his or her attorney present. Although this is a well established principle dating back at least a quarter of a century, some officers and attorneys (and some judges) still experience uncertainty and nervousness about police interrogation of a represented suspect.

Can a suspect be approached by police?

In another case, the Supreme Court held that even after a suspect is arrested and has been arraigned and has counsel appointed, he can still be approached by police, in the absence of counsel and without any notice to counsel, to see if he is willing to discuss the case.

Do you have to follow the instructions of a criminal lawyer?

That doesn't mean, however , that you have to follow the attorney's instruction.

Did police tell Burbine he was being questioned?

Police did not tell the lawyer that Burbine was suspected in the Providence murder, or that he was about to be questioned in that case. They also did not tell Burbine a lawyer had phoned on his behalf. Instead, Providence officers gave Burbine a Miranda warning, obtained his waiver, and conducted an interrogation, ...

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, ...

What does Heidi tell her lawyer about the drugs?

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.

What happens if you bring a stranger into a meeting?

Defendants who bring strangers (people who are not part of the attorney-client relationship) into a meeting risk losing the right to claim that the meeting was confidential. This means that the D.A. might be able to ask the stranger or even the defendant about what was said during the meeting.

What is Benny Wilson charged with?

Example: Benny Wilson is charged with possession of stolen merchandise. The day after discussing the case with his lawyer, Benny discusses it with a neighbor. As long as Benny does not say something to his neighbor like, "Here's what I told my lawyer yesterday…," the attorney-client communications remain confidential.

Is Heidi's statement to the D.A. confidential?

Heidi authorized her lawyer to reveal her confidential statement to the D.A. But a statement made for the purpose of plea bargaining is also generally confidential, so the D.A. cannot refer to it at trial. Example: Same case. Soon after her arrest, Heidi speaks to her mother in jail.

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.)

Can a prisoner testify to a lawyer?

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.

When communicating with the accused in a criminal matter, must a government lawyer comply with this rule?

When communicating with the accused in a criminal matter, a government lawyer must comply with this Rule in addition to honoring the constitutional rights of the accused. The fact that a communication does not violate a state or federal constitutional right is insufficient to establish that the communication is permissible under this Rule. ...

Can a lawyer request a court order?

A lawyer may also seek a court order in exceptional circumstances to authorize a communication that would otherwise be prohibited by this Rule, for example, where communication with a person represented by counsel is necessary to avoid reasonably certain injury.

Can a lawyer make a communication prohibited by this rule?

A lawyer may not make a communication prohibited by this Rule through the acts of another. See Rule 8.4 (a). Parties to a matter may communicate directly with each other, and a lawyer is not prohibited from advising a client concerning a communication that the client is legally entitled to make.

Is consent required for a lawyer to communicate with a former constituent?

Consent of the organization’s lawyer is not required for communication with a former constituent. If a constituent of the organization is represented in the matter by his or her own counsel, the consent by that counsel to a communication will be sufficient for purposes of this Rule. Compare Rule 3.4 (f).

Can a lawyer evade the requirement of obtaining the consent of counsel by closing eyes to the obvious?

See Rule 1.0 (f). Thus, the lawyer cannot evade the requirement of obtaining the consent of counsel by closing eyes to the obvious.

What is the best advice an attorney can give?

But even in between, with depositions pending, statements being made and insurance companies looking for any possible reason to deny or minimize a case, the best advice an attorney can give is “don’t talk about your case.”. The best thing any client can do is to take that advice.

Can a settlement be destroyed by computer postings?

In the beginning of a case, when facts are still being investigated, the highly charged atmosphere can be poisoned by unwitting talk about the case. The case discussed above shows that a settlement can be destroyed by computer postings.

What happens if an attorney does not represent the client?

If the attorney does not represent the client, which I would ask to be confirmed in writing, then you have no obligation to provide any information regarding a case. In some situations, (such as if YOU were an attorney yourself), it would be an ethical violation for you to say anything.

What is the obligation of a real attorney?

A "real attorney" has an obligation to maintain client confidentiality and not tell any Tom, Dick or Harry who s/he represents unless the client has specifically authorized them to do so.

What happens if you don't disclose who you represent?

Furthermore, if you or your company is involved with litigation and represented by an attorney already, any other attorneys should never contact you but should go through your attorney directly. This is an ethical rule. If the person tries to contact you again instead of your attorney, let your attorney know right away.

Do you have to disclose the name of the client in a lawsuit?

In that case, the attorney doesn't need to disclose the name of the client. However, your situation sounds a little suspicious. If your company is involved in law suit with an individual, your company's attorney should be talking with the individual's attorney.

Can an attorney disclose who they are working for?

An attorney is not allowed to disclose who they are working for, unless they have that person's permission. Attorneys,for example, are not allowed to post a listing of their clients, unless each clients has given permission to be on the list. It is rarely in the client's best interest to have it revealed who their attorney is, and so the attorney should rarely ask to list such things. But, if an attorney is representing a person in a particular matter and if they are contacting an opposing party, then they should say who they are representing. But, this is not always the case and it depends what the situation is. For example, lawyers are allowed to act on someone's behalf and not reveal who they are working for, or even that they are working for anyone. This is often the case, especially in big real estate bargaining. However, if someone calls you for information and you are not satisfied that they have a right to know, you do not need to answer or give them any information at all. If a lawyer is representing a person and is going to discuss or negotiate on the person's behalf, they will let you know they are engaged to represent the person in that dealing. If there is a court case pending and a lawyer is officially representing a party, they will put their name on the court filings, and will often send letter saying whom they represent. Often, a lawyer may seek information on behalf of a client, but not want to reveal for whom they work. It is up to you to decide whether you wish to give such a person information. The one main thing a lawyer cannot do is lie and say they represent someone they do not represent. So if you ask a lawyer whom they represent in the matter, if anyone, the lawyer is not allowed to falsely name someone. But, they can refuse to answer, and you can refuse to discuss with them. However, in some locations, there are special rules about a lawyer acting as a real estate agent being allow to bluff certain things. To accurately answer your question, I would need all the details.

Is the identity of a client confidential?

The identity of a client is usually considered to be confidential information - so the attorney was correct in not answering your question. Usually, it is only after the client grants permission to the lawyer to reveal the relationship - then the attorney is permitted to do so.

Is a lawyer's communication confidential?

Communications between an attorney and the attorney's client are confidential unless the client waives the privilege. There are, however, many exceptions. Since you did not mention having any exceptional legal relationship to the client or the client's attorney, the answer most likely is no. Report Abuse.

What is the no contact rule?

The no-contact rule is “to protect uncounseled persons against being taken advantage of by opposing counsel” and to safeguard the client-lawyer relationship from interference, the Committee said. Contact between the in-house lawyer and opposing counsel does not present either of these dangers, said the Committee.

What is Rule 4.2?

Rule 4.2 and its comments describe permissive exceptions including contacts that are authorized by law (such as the constitutional right to petition the government) or a court order, or that don’t relate to the subject of the dispute.

Can an opponent's lawyer communicate with an opponent's lawyer?

Most lawyers have a general understanding of the “no-contact rule” — namely that under state versions of Model Rule 4.2, with a few exceptions, you can’t communicate directly on the subject of the representation with someone you know is represented by counsel.

Does an in-house lawyer need to be protected under the no contact rule?

Therefore, the Committee concluded, the in-house lawyer does not need the protection of the no-contact rule.

Can a lawyer communicate with an adversary?

In confirming that a lawyer “is generally permitted to communicate with a corporate adversary’s in-house counsel about a case in which the corporation has hired outside counsel,” the Virginia State Bar Association’s Standing Committee on Legal Ethics referred to the purpose of Rule 4.2.

Can an attorney speak with a party they know to be represented?

The general rule is that an attorney cannot speak with a party they know to be represented. However, for example, in CA, the exceptions to that rule include conversations initiated by the represented party for the purpose of getting a 2nd opinion.#N#More

Is it illegal to speak to a different lawyer?

It is not illegal to speak to a different lawyer if you already have one (2nd opinions are okay and sometimes encouraged and required), the attorneys don't want to be scene as interfering in an existing attorney client relationship. Think of it like this.

Can a potential client fire a lawyer without speaking to another lawyer?

However, it really is impossible for a potential client to know if he should fire his lawyer without speaking to another for a second opinion.