when can you share information with a lawyer consultation

by Prof. Linnea King IV 9 min read

Generally, the attorney-client privilege applies when: an actual or potential client communicates with a lawyer regarding legal advice. the lawyer is acting in a professional capacity (rather than, for example, as a friend), and. the client intended the communications to be private and acted accordingly.

Is consultation confidential?

In general, as long as the prospective client is seeking legal advice or representation and reasonably believes the communication will be confidential, the consultation is privileged. This is so even if the would-be client never pays or hires the attorney.

How do I share documents with a lawyer?

Tools for law firm file sharing
  1. Dropbox is still one of the most widely used and known file sharing options available. ...
  2. Box is another favorite of many of my legal professional friends. ...
  3. Google Drive and Microsoft OneDrive are also options for document management and file sharing.
Oct 14, 2021

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your Lawyer
  • I 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.
Mar 17, 2021

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.

Is Google Drive secure for lawyers?

Is Google Drive Secure for Lawyers? The short answer is yes. All G Suite apps were built on the Google Cloud Platform, the most secure cloud-based platform on the market.Jun 26, 2015

How do you share files with clients?

10 top file-sharing services: Dropbox, Box, Google Drive, OneDrive, and more
  1. Box.
  2. Citrix ShareFile.
  3. Dropbox.
  4. Google Drive.
  5. iCloud Drive.
  6. MediaFire.
  7. Microsoft OneDrive.
  8. OpenText Hightail.
Sep 24, 2021

Is it normal to not hear from your lawyer?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.Oct 25, 2018

Why do lawyers ignore you?

If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.Mar 29, 2021

Why do lawyers take so long to get back to you?

Once a case gets filed in court, things can really slow down. Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.May 28, 2020

What are the limits of confidentiality in counseling?

Confidentiality of information is applicable without any time limit unless otherwise specified by the originating party. The therapeutic relationship between a therapist and their client contains an abundance of confidential information. This means that it cannot be shared without the consent of the client.Jan 15, 2019

When can confidentiality be breached?

A breach of confidentiality occurs when data or information provided in confidence to you by a client is disclosed to a third party without your client's consent.

Do lawyers have to keep confidentiality?

Confidentiality must be regarded by all firms as being at the heart of everything they do. If clients cannot be confident that the information they give to a solicitor will remain confidential then the trust they have in the firm, even the trust they have in solicitors generally, will be undermined.Aug 30, 2016

What is the initial consultation with a lawyer?

Called the initial consultation with lawyer, this meeting is an opportunity for you and the attorney to evaluate one another.

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.

What are the options open to you in pursuing your case?

This is also an opportunity to learn more about the options open to you in pursuing your case, such as mediation, out of court settlements, or other options. It will be up to you to decide how to move forward, once the attorney has expressed an interest in handling your case.

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.

How to share documents with a lawyer?

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. Prudent attorneys do not accept original documents, and you do not want to waste precious time or money waiting while the attorney makes copies. So fax the documents to the law office before the meeting.

Why do attorneys keep their information confidential?

Remember, the attorney will keep this information confidential, unless required to share it with a court because it is relevant to the legal matter or with law enforcement for a public-safety reason. You may think the information is too trivial or embarrassing to mention, but it may well be extremely important, so share it.

How to avoid interruptions in an attorney appointment?

To avoid interruptions, be sure to turn off all cell phones or other electronic devices just before your appointment. Following these tips will help ensure that you have a productive first meeting with the attorney and start a good working relationship should you decide to hire him or her.

What is the first meeting between a lawyer and a prospective client?

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 with your case regardless of whether you hire that lawyer or any other one.

What to do if you have no court papers?

Even if you have no court papers yet, you may have on hand or could readily obtain documents that could be helpful.

Can you bring a friend to an attorney consultation?

If you feel more comfortable bringing a friend or relative to the initial consultation for support, you may do so. But realize that any attorney-prospective client confidentiality you otherwise would enjoy at the meeting is lost if a third party, including your friend or relative, is present. He or she could even be subpoenaed to testify against you about what was said or heard. It is usually in your best interest to meet with the attorney alone, even if the other person is paying for the appointment. Your friend (s) or loved one (s) can wait in the lobby.

How long is a free attorney consultation?

Many people have the wrong idea that free consults mean they’re either shallow or limited to an hour or two. The free attorney consultation neither has a time limit nor stops at a basic understanding. The nature of the first consults is always exploratory in nature.

What to expect during a free attorney consultation?

During your free attorney consultation, you want to identify as many of the issues that may arise. You want to see if you can make your case airtight.

What to ask a lawyer about a case?

You want to first ask the strengths and weaknesses of your case. Free lawyer advice from an expert in the field means they know the strengths of your case. You need to learn which points to highlight and which ones to not focus on.

How much does a lawyer consultation cost?

If you have never hired a lawyer, you might wonder about free attorney consultation. There are many law practices that provide such an incentive to their clients. The cost of a lawyer consultation can be prohibitive. It can set you back between $100 to $400, depending on where you are.

Why is free legal advice important?

Your free lawyer advice affords you the flexibility to learn your proper legal course of action. It is in place to give you proper clarity to make an informed decision. Both parties will expect honesty from each other.

What is the first consultation?

The first consultation is always an educational, introductory session with the client. It’s there for the lawyer to understand in-depth what’s the issue at hand. If they get the facts straight, they can help you better with proper advice.

How does case length affect resolution time?

Case length can dictate how much you pay for the case. It can also dictate your resolution timetable, especially for cases with short statutes. This will help in the total decision-making you would have to do.

What to ask an attorney at an initial consultation?

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:

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 does an attorney do when you have an understanding of your case?

Once the attorney has an understanding of your case, he or she will typically let you know what your legal options are, your prospects of success in achieving your goals, and how much he or she expects this to cost.

Can an attorney give free legal advice?

The key to understanding the difference, is that generally attorneys will not give legal advice without being first hired by the client. Attorneys don’t give legal advice without first being retained ...

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.

How to prepare for a consultation with an attorney?

Before consulting with an attorney you should make sure that you properly prepare for the consultation by gathering any and all documents that are relevant to your case. It is important to bring every document you have for the attorney to review, as they will be able to properly determine which documents are relevant, and which are not.

What is a legal consultation?

In short, a legal consultation is an initial meeting with an attorney that takes place before you make the decision on whether to hire that attorney to represent you in your particular legal matter. Further, the attorney will also use the consultation in order to determine if they can legally and competently represent you based on ...

How to consult with an attorney?

Before consulting with an attorney you should make sure that you properly prepare for the consultation by gathering any and all documents that are relevant to your case. It is important to bring every document you have for the attorney to review, as they will be able to properly determine which documents are relevant, and which are not. Documents that you should bring with you may include any of the following: 1 Contracts: If your claim arose from a contract dispute, then you should bring copies of the contract and any documents explaining the contract; 2 Police or Accident Reports: If possible, you should bring any police or accident report that was created as a result of the incident you were involved in; 3 Property Deeds: If your claim involves a property dispute, you should be sure to bring a copy of the deed or any documents relating to the property, such as an oil and gas lease, etc.; 4 Employment Records: If you claim is an employment dispute, then you should bring all of your employment records, such as your employment contract, employment agreements, or timesheets; or 5 Other Documents Evidencing Damages: Other important documents to bring include any evidence of damages, such as medical records or expenses, or any warranties or letters created by the party you are trying to sue.

What is legal advice?

Legal advice is advice given to a person that seeks the advice from an attorney, the advice given pertains to matters within the attorney’s competence, and the attorney expressly or impliedly agrees to give advice or their assistance in the matter. If such legal advice is given an implied attorney-client relationship may be formed between you ...

What is legalmatch database?

An attorney database, such as LegalMatch’s database, is helpful in assisting you in locating the right attorney for your particular legal issue. However, it is important to remember that a legal consultation alone will often not provide a full solution to your legal problem, as it is only the first step in resolving your legal issues.

What to ask an attorney about divorce?

For instance, in a divorce case, you may want to ask the attorney what their legal strategy is for obtaining child custody or alimony. Further, you may want to know if you are able to evict your spouse from the marital home, or create a separate bank account. An initial consultation is a great time to figure out whether the attorney you are discussing your case with would be helpful or the right fit for your particular case.

What is a family law divorce consultation?

For example, a typical family law divorce consultation will include a discussion regarding the reason for divorce, a discussion of marital and separate property, and a discussion of child custody, if relevant. Further, the consultation will discuss the attorneys hourly fee. Further, you should ask before the consultation, whether the consultation itself is free, which they often are.

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.

Can a lawyer report a client's statements?

In addition, the lawyer's report of the statements is admissible at the defendant's trial. ( Shorter v.

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.

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.

Why do clients need a list of questions?

A list of questions. A client should use the consultation as a time to get the most information they can and share the most they can before they initiate the legal process. Making a list of questions can help keep you organized during what can sometimes be a stressful meeting.

How long does it take to get acquainted with a child custody case?

Before a client and I decide to work together on a child custody case, we meet for a forty-five minute to an hour long initial consulation to get acquainted. Usually, we use the time to discuss the facts, go over the legal process and review any questions the potential client may have. I always encourage clients to come prepared to a consultation, otherwise I may not be able to best advise them. A potential client should always bring the following to get the most out of our time:

What is attorney-client privilege?

An attorney-client relationship generally doesn't form until the lawyer and client agree to it. But the attorney-client privilege protects some communications made before the prospective client hires the attorney, and even some where there's never any hire. (For all kinds of information about lawyer-client relationships, ...

What is the potential client confidentiality principle?

The potential-client-confidentiality principle also comes into play when an arrestee consults with a public defender at or from the police station or jail. The conversation is privileged, even though the public defender does not, and may never, represent the arrestee, and even though the public defender doesn't receive a fee.

Do you have to give consent to a text message from Martindale-Nolo?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply.

Is it a good idea to talk to an attorney who doesn't represent you?

So, it's a good idea to start any communication with an attorney who doesn't represent you by confirming with him or her that your communications will be privileged. Talk to a Lawyer.

Is a consultation privileged?

In general, as long as the prospective client is seeking legal advice or representation and reasonably believes the communication will be confidential, the consultation is privileged. This is so even if the would-be client never pays or hires the attorney. (But if the attorney declines to represent a potential client who nevertheless continues to communicate with the attorney, the result is different.)

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