when someone says talk to my lawyer am i obligated

by Mrs. Bernita Sawayn DDS 6 min read

Yes. You have the constitutional right
constitutional right
A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states.
https://en.wikipedia.org › wiki › Constitutional_right
to talk to a lawyer before answering questions
, whether or not the police tell you about that right. The lawyer's job is to protect your rights. Once you say that you want to talk to a lawyer, officers should stop asking you questions.

Can I talk to someone who claims to be an attorney?

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, …

Do lawyers have to tell you who your client is?

Feb 28, 2014 · An attorney has an ethical obligation to maintain his or client's confidentiality and that can include whether or not the client has engaged the attorney. In that case, the attorney doesn't need to disclose the name of the client. However, your situation sounds a little suspicious.

Can a lawyer talk to a client without their consent?

Anything you say to your attorney is “privileged” or protected from anyone else finding out. The attorney cannot tell anyone what you say to them in a private setting. However, if you have a friend or relative in the room, you waive the attorney-client privilege and the third person can be called to testify against you or be interviewed by ...

What happens if someone tries to contact you without an attorney?

Apr 14, 2016 · Divorce / Separation Lawyer in Princeton, NJ Reveal number Private message Posted on Apr 14, 2016 If your spouse is representing himself, then your attorney is obligated to communicate with him or her, either by letter, email or phone. You should discuss this with your attorney so you understand his or her role better. 0 found this answer helpful

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What should you not say to a lawyer?

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...•Mar 17, 2021

Can you tell a lawyer not to contact you?

Inga L Stevens. the lawyer is allowed to call you directly since you are not represented by counsel. you should call them back to see what they want from you. you should hire a lawyer.

Is speaking to a lawyer confidential?

The duty of confidentiality prevents lawyers from even informally discussing information related to their clients' cases with others. They must ordinarily keep private almost all information related to representation of the client, even if that information didn't come from the client.

Should you tell everything to your lawyer?

It is the kind of information that the client may wish to share with anyone – even their lawyer. The truth is this – a lawyer, any lawyer handling any important legal matter must have all of the facts and evidence in the case to do their job.Jun 13, 2021

Can a lawyer tell you to lie?

The American Bar Association's Model Rules of Professional Conduct states that a lawyer “shall not knowingly make a false statement of material fact.” In other words, lawyers aren't supposed to lie--and they can be disciplined or even disbarred for doing so.Nov 30, 2009

Can lawyers email you?

Lawyers use email every day and are very familiar with the mechanics of sending and receiving email. However, because of its ubiquity, lawyers often get complacent about best practices for using email effectively and proficiently.Jan 7, 2019

What information is covered by the duty of confidentiality?

In common law jurisdictions, the duty of confidentiality obliges solicitors (or attorneys) to respect the confidentiality of their clients' affairs. Information that solicitors obtain about their clients' affairs may be confidential, and must not be used for the benefit of persons not authorized by the client.

Can my lawyer talk to the other party?

6.03 (5) A lawyer shall not in the course of a professional practice send correspondence or otherwise communicate to a client, another licensee, or any other person in a manner that is abusive, offensive, or otherwise inconsistent with the proper tone of a professional communication from a lawyer.

Can my lawyer talk to the other lawyer?

No California legal ethics rule expressly prohibits a non-lawyer client from contacting another party directly, although clients cannot be used as conduits for indirect prohibited contact from lawyers.Sep 26, 2016

How often should you contact your lawyer?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case.Jun 17, 2020

Do lawyers have to defend the guilty?

A lawyer must provide a vigorous defence regardless of the crime their client is accused of or the evidence against them. The criminal justice system is built on the concept of a person being presumed innocent until their guilt is proved “beyond a reasonable doubt”.Jan 27, 2022

How honest should you be with your lawyer?

Most criminal defense attorneys want their clients to be honest with them about the facts of the case. A defense attorney will not offer lesser representation simply because he or she believes the client has committed a crime.

How to know if a lawyer is a lawyer in Oregon?

If a person is really an attorney, they'll have an identifying number with the Oregon State Bar (this answer applies to Oregon). You can then check them out professionally at osbar.org. Oddly, if the client has asked that the lawyer keep his name confidential, then the lawyer can't tell you who he represents. However, I'm pretty sure that you can then refuse to answer any questions in other words, you don't give any information until they tell you who's asking. Your company should have legal representation, and you need to tell your company's attorney about this contact.

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.

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.

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 representation?

If it is a confidential matter, then they do not have to disclose representation. If they are in court for a person then their representation is a matter of record.

Do you have to disclose who your client is?

There is no requirement that an attorney disclose who his client is, under most circumstances. 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.

William J Popovich

I'm sure he told you that he must treat your husband as though he was his own attorney, and that includes dealing directly with him. The court wants things resolved without court involvement where possible, and your lawyer I'm sure told you that this includes him dealing with your spouse...

Risa A Kleiner

If your spouse is representing himself, then your attorney is obligated to communicate with him or her, either by letter, email or phone. You should discuss this with your attorney so you understand his or her role better.#N#More

Leonard Roy Boyer

I concur with the recommendations of my distinguished colleagues. Whenever I have a Pro Se adversary, especially in a divorce case, I handle all communication in writing, so there is no misunderstandings or distortions of what has been said. Since you have an attorney, you should talk to your attorney about this...

Catherine A Ross

The Court will expect your attorney to communicate with a pro se litigant on the other side at various times in the litigation. Your attorney knows what minimum communication is expected and can chose to limit it to that.

Angela Marie Scafuri

When someone represents him or herself in a legal proceeding, we call it "pro se." If your husband is representing himself pro se in your divorce, your attorney will have to speak to him in order to move your case forward to resolution, whether by agreement or by litigating the issues in Court.

Brandon Alexander Robinson

Yes, because he is the only person on the other side for that "party." There is no intermediary between your attorney and your husband, and if there was, that would be unauthorized practice of law, seeing that he does not have an attorney to fill that proper role.

David Perry Davis

You don't want a situation where there is an allegation that an issue was not discussed with an attempt to resolve before it was taken to court. On the other hand, some pro se litigants will try to run up your bill by communicating with your attorney a lot.

What happens in therapy stays in therapy?

What happens in therapy, stays in therapy ― unless a client is a danger to self or others,” explained Kisha Walwyn-Duquesnay, a licensed professional counselor supervisor at and owner of the Optimistic Counseling Practice in Houston, Texas. Therapists are held to very high ethical standards by their governing state board and a violation ...

Should clients withhold anything from their therapist?

“Clients should not withhold anything from their therapist, because the therapist is only obligated to report situations in which they feel that another individual, whether it be the client or someone else, is at risk,” said Sophia Reed, a nationally certified counselor and transformation coach.

Can a therapist report a patient's intent to harm someone else?

A therapist may be forced to report information disclosed by the patient if a patient reveals their intent to harm someone else. However, this is not as simple as a patient saying simply they “would like to kill someone,” according to Jessica Nicolosi, a clinical psychologist in Rockland County, New York. There has to be intent plus a specific identifiable party who may be threatened.

Shannon L. Hall

When you say that the attorney won't talk to you - it is not clear whether you mean in person, on the phone, at all, etc. I know that sometimes lawyers prefer to communicate only in writing with parties who are representing themselves.

Joanne Reisman

You need to hire another lawyer. They should be able to figure out what you need to do and if there is something they need from your prior lawyer they will get it from your prior lawyer.

Should there be obligations in relationships?

In my last post, I discussed the value of commitments, and also why commitment—especially in the case of marriage —gets a bad rap. In this post, I want to elaborate on those thoughts a bit, this time focusing on obligations within relationship.

THE BASICS

Now let's bring this concept back to relationships. Someone who takes an internal view to her relationship may feel obligations towards her partner, but she considers these obligations to be part of who she is and what her relationship means to her.

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