Attorney Client Privilege For Consultants In Mecklenburg

State:
Multi-State
County:
Mecklenburg
Control #:
US-000295
Format:
Word; 
Rich Text
Instant download

Description

In this complaint, plaintiff charges defendants with intentional interference with the attorney/client relationship. The plaintiff states that the actions of the defendants in interfering with the attorney/client relationship were willful, wanton, malicious and obtrusive and that punitive damages should be accessed against the defendants.

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FAQ

The attorney-client privilege applies to communications “to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the lawyer is consulted.” Cal. Evid. Code § 952. This includes communications to an expert consultant.

Crime or Fraud Exception. If a client seeks advice from an attorney to assist with the furtherance of a crime or fraud or the post-commission concealment of the crime or fraud, then the communication is not privileged.

(a) A lawyer shall not reveal information acquired during the professional relationship with a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

Privilege Logs Required to Preserve Privilege: The state court rules now require any party withholding information from production to make the claim of privilege or protection as trial-preparation material expressly, and to describe the withheld information in a manner sufficient to enable parties to assess the claims.

Rule 1.6(a) of the Rules of Professional Conduct provides that a lawyer shall not reveal information acquired during the professional relationship with a client unless (1) the client gives informed consent; (2) the disclosure is impliedly authorized; or (3) one of the exceptions set out in Rule 1.6(b) applies.

The Garner Fiduciary Exception Where a fiduciary duty is owed to the shareholder or member, that shareholder or member must show good cause why the attorney-client privilege should not protect those communications from disclosure.

There are two major exceptions to the lawyer-client privilege under the California Evidence Code, as discussed below. 2.1. Crime or fraud. 2.2. Preventing death or substantial physical harm.

A: Firstly, the privilege requires that three things exist: 1) an attorney (including his whole office and staff) and a client; 2) a private communication; 3) the purpose of providing legal advice. Once you have those three things, the privilege covers everything and is construed very broadly.

Start by including the words "privileged," "confidential," or "attorney-client communication" in your email subject line. Make sure the body of your email is clear, specific, and only discusses legal issues. Always ask your attorney before sharing information with others, including the contents of your emails.

To be safe put "Attorney-Client Communication", "Privileged and Confidential" or "Attorney Work Product" in the subject of the e-mail, or on privileged documents.

More info

Below we offer best practices to ensure that privileged communications with contractors can be protected. Additionally, the privilege covers a client's communications with staff who assist the lawyer in the representation, such as a paralegal or an investigator.The attorneyclient privilege prevents the attorney from disclosing things that the client tells the attorney in confidence in the course of litigation. The attorney-client relationship affords a distinct, invaluable right to have communications protected from compelled disclosure to any third party. The LRS matches people who need a lawyer, and can afford to pay, with a North Carolina licensed and insured lawyer in good standing.

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Attorney Client Privilege For Consultants In Mecklenburg