Attorney-client Relationship In South Africa In Santa Clara
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Whose Burden is it to Prove a Communication is Privileged? The party asserting the attorney-client privilege must prove that the communication in question meets the standard to be protected and that no waiver of the privilege was made.
Privilege is a legal right which allows persons to resist compulsory disclosure of documents and information. The fact that a document is sensitive or confidential is not a bar to disclosure, although privileged documents must be confidential.
There is not difference between a lawyer and an attorney, other than semantics. In different regions around the world, licenced legal professionals are called by different names. In South Africa, we refer to someone who performs a legal function as lawyers or attorneys (which can be used interchangeably).
The general rule in South African law is that communications between a lawyer and their client, as well as documents prepared by lawyers for their clients, may not be disclosed without the client's consent.
In the overcrowded conditions of most courthouses, attorneys can be seen meeting with their clients in public-waiting areas, the cafeteria, the law library, in the back of courtrooms, in telephone booths, or any place that is available.
Professional Ethics: Most legal ethical codes strongly discourage or outright prohibit lawyers from engaging in romantic relationships with clients during representation. This is to maintain professional boundaries and ensure that the lawyer-client relationship is based solely on the client's legal needs.
California courts have held that an attorney-client relationship can only be created by contract.
The general rule in South African law is that communications between a lawyer and their client, as well as documents prepared by lawyers for their clients, may not be disclosed without the client's consent.
Attorneys and Advocates Attorneys are engaged directly by clients, acting as the “manager” of litigious cases. Although both attorneys and advocates may appear in the High Court of South Africa, they will 'brief' an advocate when specialist litigation is required.
