when can you share information with a lawyer

If information does indeed need to be shared, your attorney is limited to the disclosing the following: The issue being argued and (if not prohibited by law) your name and the names of other parties involved Any information related to your case that has already been made public

Full Answer

What should attorneys look for in a file-sharing service?

What information does a lawyer have to keep private?

Can a lawyer tell you confidential information?

 · You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client ...

Do not sell my personal information to a lawyer?

Can I share emails with my lawyer?

To be protected by the attorney-client privilege, courts have always required that an individual have a reasonable expectation that communications with his or her attorney will be private and confidential.

What should you not say to an attorney?

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...•

When can a lawyer communicate about a legal matter with someone who already has a lawyer?

In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

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.

Can your lawyer snitch on you?

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.

Should you tell your lawyer everything?

It's almost always advisable to tell your lawyer the whole truth about your case, even if you've committed a crime. Giving your lawyer all the facts helps them craft the best defense by raising reasonable doubt. Even when a client admits guilt, there are usually many mitigating circumstances that can come into play.

What is the no contact rule in law?

Wolfram's “Modern Legal Ethics,” the no contact rule, as a general proposition, prohibits a lawyer who is representing a client from contacting a party known to be represented by another party. The no contact rule first found its way into the American Bar Association's canons of ethics in 1908.

When can a lawyer communicate with someone who already has a lawyer quizlet?

Attorney client privilege only covers confidential communications between the lawyer and client. If it becomes public the privilege is waived.

Can I communicate with opposing counsel?

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.

When can you disclose information about a client?

Generally, you can disclose confidential information where: The individual has given consent. The information is in the public interest (that is, the public is at risk of harm due to a patient's condition)

What are limits to confidentiality?

The 'limits of confidentiality', it is argued, are set by the wishes of the client or, where these are not known, by reference to those whose right and need to know relate to the care of the client.

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.

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 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.

Do attorneys have to disclose information to prevent death?

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. Likewise, most states allow—or require—attorneys to disclose information learned from a client that will prevent death or serious injury. Many have a similar rule where revealing otherwise confidential information would prevent or remedy financial injury due to a crime or fraud.

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 a lawyer disclose confidential information to a prospective client?

Preliminary communications between a potential client and a lawyer are normally subject to the attorney-client privilege. That means that lawyers can't disclose what prospective clients reveal in confidence even if the lawyers never ends up representing them. ( In re Auclair, 961 F.2d 65 (5th Cir. 1992).) To be sure, though, you should confirm with a prospective lawyer that the privilege applies before you reveal anything you want to keep secret.

Can a client overheard a lawyer testify?

But a client who speaks to a lawyer in public wouldn't be able to prevent someone who overheard the conversation from testifying about it. Similarly, a client can forfeit the attorney-client privilege by repeating a conversation with an attorney to someone else, or by having a third person present during a conversation with the lawyer. No matter who hears or learns about a communication, however, the lawyer typically remains obligated not to repeat it.

Is attorney client privilege inadmissible?

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

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.

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.

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 testimony confidential?

Can they testify to what you said? Yes. 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., 389 U.S. 347 (1967).) A defendant who talks to a lawyer in such a loud voice that others overhear what is said has no reasonable expectation of privacy and thus waives (gives up) the privilege. Similarly, people who talk about their cases on cell phones in public places risk losing confidentiality.

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.

Can a defendant ask a stranger about a meeting?

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 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.

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.

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.”.

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.

Can a lawyer be prosecuted for a legal malpractice case?

return your money or property upon request, including your client file. If your lawyer’s actions were also illegal, he or she can be criminally prosecuted. And, if your lawyer caused you to lose your case or otherwise suffer a financial loss, you can sue for legal malpractice.

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.

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).

Gary Raymond Basham

I agree with Mr. Holzman's advice. Also, remember that you should never tell any third party what you told your attorney or the privilege may be waived. Of course, speak with your attorney about your concerns. If you are interviewing attorneys to hire, explain your situation and make sure the attorney agrees that your conversation is privileged.

Brad S Kane

Yes. You have the right to share confidential information with your attorney so that you can get legal advise. Whether the attorney can use the information is separate question.

Daniel Michael Holzman

I'm going to answer your question in the general sense. Information that you discuss with your attorney is considered attorney-client privilege and your employer is not entitled to know any information that you discuss with your attorney. Best of luck.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

Why is competition law important?

The main competition law concern arises when the nature of the information exchanged between current or potential competitors makes it easier for them to predict each others' behaviour and adjust their own accordingly. This in its most severe form may ultimately enable participants to fix prices or allocate customers or markets, in other words to participate in a cartel.

What happens if information exchanged is sufficiently aggregated amongst competitors?

If the information exchanged is sufficiently aggregated amongst competitors so that a competitors' individual sales and values are not ascertainable, competition law risk may be removed , so potentially even very recent information may be exchanged.

Is information exchange necessary?

Information exchange between supplier and buyer is not only permissible but necessary if they are to reach a commercial agreement. Nevertheless, even this information exchange can cause problems where that information could be used to fix the buyer's resale prices for end customers.

What would happen if companies didn't exchange information?

If companies didn't exchange information, commercial life would grind to an abrupt halt as nobody would ever be able to reach agreement. Even competitors may publish certain information in order that those active in the market can gauge the general health of an industry.

What is the greatest risk of information exchange?

The risk is greatest when information passes between current or potential competitors. For this reason it is this exchange of information that is most strictly controlled (and punished) by competition law. Information exchange between supplier and buyer is not only permissible but necessary if they are to reach a commercial agreement. Nevertheless, even this information exchange can cause problems where that information could be used to fix the buyer's resale prices for end customers.

Can sharing too much information breach competition law?

Despite this, companies must be very careful when making information available as sharing too much information could breach competition law and create exposure to the risk of a large fine or even criminal sanctions for individuals.

Should a buyer or supplier request information?

A buyer should therefore not pass such information to a supplier. Equally a supplier should not request such information. Companies in unrelated industries may want to exchange information for completely legitimate reasons, such as benchmarking.

What is the HIPAA law?

HIPAA defers to state law to determine the age of majority and the rights of parents to act for a child in making health care decisions, and thus, the ability of the parent to act as the personal representative of the child for HIPAA purposes. See 45 CFR 164.502(g).

What information is required to be disclosed under HIPAA?

The Privacy Rule permits a HIPAA covered entity, such as a hospital, to disclose certain protected health information, including the date and time of admission and discharge, in response to a law enforcement official’s request, for the purpose of locating or identifying a suspect, fugitive, material witness, or missing person. See 45 CFR § 164.512(f)(2). Under this provision, a covered entity may disclose the following information about an individual: name and address; date and place of birth; social security number; blood type and rh factor; type of injury; date and time of treatment (includes date and time of admission and discharge) or death; and a description of distinguishing physical characteristics (such as height and weight). However, a covered entity may not disclose any protected health information under this provision related to DNA or DNA analysis, dental records, or typing, samples, or analysis of body fluids or tissue. The law enforcement official’s request may be made orally or in writing.

What is the role of fee sharing lawyer?

The opinion’s larger implication, Ciolino says, “is that a fee-sharing lawyer has all of the professional responsibilities attendant to full-blown legal representation, including the duties of loyalty, confidentiality, competence and diligence, among others. ”.

What is the rule for a lawyer not representing a client?

Rule 1.7 (a) provides that, subject to some exceptions, “a lawyer shall not represent a client if the representation involves a concurrent conflict of interest.”. Under the rule, such a conflict exists if (1) the representation of one client will be directly adverse to another client; or (2) there is a significant risk that the representation ...

Why is the opinion of a rule sound?

Because the opinion’s interpretation provides earlier notice to clients, because it effectively forces the lawyers to better plan out the division of responsibilities ahead of time, and because the interpretation is seemingly implicit in the rule’s wording, the interpretation is sound—although not every lawyer will welcome it.”. ...

What is an opinion of attorney?

The opinion explains that the total fee must be reasonable, approved by the client and confirmed in writing . “The agreement must describe in sufficient detail the division of the fee between the lawyers, including the share each lawyer will receive,” the opinion states. The agreement “should not be entered into toward the end” of the attorney-client relationship. “Instead, the division of fees must be agreed to either before or within a reasonable time after commencing the representation.”

Is the opinion correct to apply the conflict of interest rules to the referring lawyer?

In light of this fact, the opinion was correct to apply the conflict-of-interest rules to the referring lawyer. In other words, if the lawyer has an unwaived or unwaivable conflict, the lawyer should not be permitted to work on the case or assume responsibility—and therefore should not be permitted to receive a fee.”.

Can a lawyer divide a fee?

Under Model Rule 1.5 (e), lawyers who are not in the same firm may divide a fee only if (1) the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation; (2) the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing; and (3) the total fee is reasonable. A referral fee arrangement also subjects both lawyers to the conflict provisions in Model Rule 1.7.

Is dividing fees a common practice?

Whether that story is true or just another tall tale about one of the most fascinating characters in American history, it does help to show that dividing fees when one lawyer refers a case to another lawyer outside the firm is a long-standing and common practice, especially when it’s necessary to bring in a trial lawyer to handle a litigation matter involving a contingency fee.

Introduction

Formal Ethical Guidelines For Data Security

Data Security Challenges

Security Breach: A Case Study

File Sharing as A Data Security Tool

Ethics Opinions on Cloud Computing

• A total of 19 state bar associationshave found that cloud computing is ethical under certain conditions. The consensus is that if attorneys take reasonable measures to assure themselves that the service in question secures data appropriately, third-party file storage and sharing is acceptable. California’s opinion provides a good example. The State...

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Selecting A Secure File-Sharing Service

Conclusion