why would a lawyer tell you not to discuss your case

by Miss Dina Lowe 5 min read

“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.

The Importance of Confidentiality
Do not talk to anyone regarding anything about your case without first discussing the matter with your attorney. Because of attorney-client privilege, your attorneys are ethically bound to keep any conversations between you confidential.

Full Answer

Why don’t lawyers talk about their cases?

Aug 17, 2015 · Don't Talk About Your Case. Before, During or After 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 when an attorney says they don’t have the expertise?

Speak With A Trusted Lawyer First! It is important to document all discussions you have about your case, which is why your lawyers should be the only ones to whom you talk about the case. We will provide you with more information on this and more during your free case evaluation, so call Kuzyk Law today. Your free, no-obligation consultation ...

Is it bad idea to talk about your criminal case?

The Importance of Confidentiality. Do not talk to anyone regarding anything about your case without first discussing the matter with your attorney. Because of attorney-client privilege, your attorneys are ethically bound to keep any conversations between you confidential.

What should you look for when dealing with an attorney?

Nov 20, 2018 · Says Rice, ideally, everyone would resolve disputes without lawyering up. “Getting lawyers involved can escalate tensions and delay resolution, all at …

image

What is it called when you can't talk about a case?

In law, sub judice, Latin for "under a judge", means that a particular case or matter is under trial or being considered by a judge or court.

Why do lawyers ignore you?

There's bad news your attorney doesn't want to deliver. 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

Can you talk about your case?

Technically, you can discuss criminal charges with anyone you want, but in most cases, it's best to reserve discussion until after you've negotiated a plea or gone to trial and received a verdict. One should always use caution when discussing their criminal charges with law enforcement without a lawyer present.Jan 10, 2019

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

How do you know a bad lawyer?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.Aug 19, 2020

Why do lawyers take so long to settle a case?

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

Can lawyers talk about past cases?

The attorney-client privilege is, strictly speaking, a rule of evidence. It prevents lawyers from testifying about, and from being forced to testify about, their clients' statements. Independent of that privilege, lawyers also owe their clients a duty of confidentiality.

Can lawyers talk about old cases?

Under attorney-client privilege, lawyers are not allowed to divulge the details of anything their clients tell them in a court of law. In addition to that, The Duty of Confidentiality protects clients from having their lawyers casually discuss the private details of their case outside of court.

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.

How long does it take for a lawyer to review a case?

Question: Why is it taking so long for your lawyer to make a decision whether to accept your case? Answer: It should rarely take more than 4-6 weeks for a malpractice lawyer to make a decision about your case.

How often should I hear from my attorney?

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. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020

How do lawyers communicate?

You can communicate clearly by always thinking about why you are contacting your attorney and what you need from them....Stay informed about your case.Take notes if you talk to your lawyer in person or over the telephone. ... Always review your notes before contacting your attorney.More items...

Confidentialiy Agreements: A Bad Idea

Confidentialiy Agreements: A Bad Idea#N#Think the above case was an extreme example? Not really. Insurance companies are insisting more and more that such non disclosure agreements be included in final settlements. As the above case demonstrates, courts will enforce them.

Don't Talk About Your Case. Before, During or After

Don't Talk About Your Case. Before, During or After#N#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.

Avid Temptation: Don't Be Your Own Enemy

Avid Temptation: Don't Be Your Own Enemy#N#Insurance companies and their investigators have nothing better to do than spend hours investigating you and your case. If you really think your "privacy settings" are effective, think again. What you post creates a record about you.

The Importance of Confidentiality

Do not talk to anyone regarding anything about your case without first discussing the matter with your attorney. Because of attorney-client privilege, your attorneys are ethically bound to keep any conversations between you confidential.

Avoid Contact with Law Enforcement

Always check with your attorney before talking to anyone about your case, including law enforcement. Law enforcement agents may express an interest in helping you. Keep in mind that one of their duties may be to make a case against you.

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.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

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.

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.

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.

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.

How to get a good lawyer to take your case?

“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”

Why is it important to approach a lawyer with honesty?

“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.

What is a potential money pit?

When hiring an attorney, a potential money pit is “expenses” outside of the lawyer’s billable hours. Expenses include everything—copying and faxing costs, hiring expert witnesses, and even traveling via private jet, points out attorney Justin C. Roberts. Some lawyers don’t just pass the charges along; instead, they charge an additional percentage fee. Whatever their method, you need to know it up front so there won’t be any surprises when the bill arrives.

Do good lawyers always find every opportunity to keep a case from being decided by a judge?

“In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says. “If a lawyer suggests they want to try the case in front of a judge, you should definitely speak with another lawyer before proceeding,”

Can you appeal a disability denial?

If you feel helpless when faced with an insurance denial, please know that you might be able to appeal with the help of a qualified lawyer, says David Himelfarb, attorney. Insurance companies routinely deny long-term disability claims, for example, particularly because it’s assumed that most people don’t have access to reputable attorneys to challenge the denial. “This is where intricate knowledge of the legal and insurance process, as well as the right team of experts to prove the claim, can reverse the odds.”

Do most cases settle outside the courtroom?

In choosing your attorney and your plan of action in resolving a dispute, it’s important to consider that despite what you see on television, most cases never see the inside of a courtroom. Typically, they’re settled outside the courtroom because of the time and expense involved, according to attorney Darren Heitner, author of How to Play the Game: What Every Sports Attorney Needs to Know.

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, ...

Is a jailhouse conversation confidential?

Jailhouse conversations between defendants and their attorneys are considered confidential, as long as the discussion takes place in a private area of the jail and the attorney and defendant do not speak so loudly that jailers or other inmates can overhear what is said.

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 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.)

Why is transparency important?

Transparency is great (not just in the workplace), but it can lead to some problems if a particular company does not have an easily understood compensation strategy. To prevent discrimination, inequity, and disputes over pay, it helps for employers to have a system of checks and balances when it comes to salary.

What is pay secrecy?

Pay secrecy policies, which may be written or implied, discourage or prohibit employees from talking about their pay. More often than not, pay secrecy policies are unwritten and employees just assume they are not allowed to discuss compensation. Either way, these types of policies clearly violate the NLRA.

Does the NLRA protect employees?

In a nutshell, the NLRA protects most employees’ right to discuss their salary, and President Obama’s executive order applied that same right to federal employees and contractors. However, there are a few important exceptions to the rule that you should know about.

Can you discuss your pay with other employees?

There is a common misconception among employees that you cannot discuss your pay with others. In fact, employees’ right to discuss their salary is protected by law. While employers may restrict workers from discussing their salary in front of customers or during work, they cannot prohibit employees from talking about pay on their own time.

image

Social Media Posts & Civil Litigation

Image
Consider a Florida man embroiled in an employment case. He had been headmaster of a private high school and brought a claim when his contract was not renewed. He claimed his non-renewal amounted to age discrimination and retaliation under the state Civil Rights Act. The bitter dispute finally settled. The c…
See more on attorney-myers.com

Statements After Settlement – Still Dangerous?

  • The former headmaster’s daughter had been a student at the same school, the Gulliver Schools. She had been drawn into bad feelings swirling around the case. So the parents told her privately that the case was settled and that they were happy with the result. The daughter turned around and posted this on Facebook: That Facebook posting went out to approximately 1200 of the dau…
See more on attorney-myers.com

Don’T Talk About Your Case. Before, During Or After.

  • In another blog I’ve given reasons why confidentiality agreements are a bad idea. But, where there is one, or if a case is already settled and the release included a confidentiality agreement, any communication can be dangerous, whether talk, social media or otherwise. In the beginning of a case, when facts are still being investigated, the highly ...
See more on attorney-myers.com