Whether you are looking for a family law & divorce lawyer, a bankruptcy lawyer, a criminal lawyer, a probate & estate planning lawyer, a business law lawyer, or a personal injury lawyer, there will be an agreement between you and the lawyer. From as far back as 1850, the U.S. Supreme Court has held lawyers at stringent standards of fairness and loyalty with respect to clients. Even when the client-lawyer relationship comes to an end, a lawyer still owes some duties to the former client. As an example, there should be no conflict of interest, otherwise malpractice action can be taken.
According to the legal concept that is the attorney-client privilege, a Roseville lawyer, a Chanhassen lawyer, a St. Paul lawyer, or any other lawyer cannot divulge certain communications between him and the client. Under the attorney-client privilege, the client is protected provided he/she was seeking legal advice.
It is, however, important that you note the privilege has several limitations. The privilege only protects the confidential information, not the underlying information. The privilege does not apply if the communication is made in the presence of a third party who is neither the client nor the attorney, or the client discloses information to such an individual. The privilege does not apply if the communication was made with the aim of committing a tort or a crime. According to the case Clark vs. United States, the U.S. Supreme Court maintained that you cannot hope to be protected by the law if you sought advice to be served in the commission of a tort, a crime, or fraud.
The attorney-client privilege does not apply if the attorney is not acting as an attorney, but in such capacity as a member of a Board of Directors or as a business advisor. A client is, also, not protected if he/she waives the privilege by disclosing the communication publicly. A Roseville lawyer may disclose confidential information if this is aimed at protecting his/her interest such as reasonably seeking to collect dues.
A Roseville lawyer can breach the duty in trying to defend him/herself against legal or disciplinary proceedings. Should you initiate proceedings against your Roseville lawyer, you will be waiving your rights to confidentiality. This is because failure to divulge the information will be unfair to the lawyer.
There is no breach of the client-attorney privilege if the information disclosed is already in the public domain. This is also true for information that was not public knowledge when the retainer agreement was signed, but that enters the public domain after that.
The American Bar Association has put forth strict codes of ethics, rules, and regulations with respect to lawyer misconduct. There is a risk of disbarment for failure to observe the guidelines. The American Bar Association (ABA) has been tasked with defining the standards for the professional since 1908.
Other than disclosing privileged information, a Roseville lawyer is in breach of the client-attorney privilege if he/she engages in conduct that hinders the course of justice, if he/she is involved in fraud, deceit, misrepresentation, and dishonesty, and if he/she imply or state an ability to influence a government official or agency.
You, on the other hand, are supposed to be truthful in all disclosures. You should be cooperative and responsive and you should avail yourself whenever your Roseville lawyer asks you to. You have the duty to attend all planned hearings and to give the lawyer all his rightful dues.
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Article Added on Saturday, May 11, 2013
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