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Are Your Conversations With a Lawyer Covered by Attorney-Client Privilege?

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You are accused of a crime you didn’t commit; however, you are not completely innocent in the situation. The truth is, you could be found guilty of other infractions that occurred within the situation.

The only way you can tell your attorney the entire story is if you divulge potentially incriminating information. You assume you are protected by attorney-client privilege, which means what you tell the lawyer must be kept private between the two of you, but are you?

How Is the Attorney-Client Relationship Defined?

Just because you talk to an attorney doesn’t mean you are automatically covered by attorney-client privilege. Make sure you are aware of the following when assuming privilege:

  • When does the relationship begin? Knowing when the attorney-client relationship begins with your lawyer is key in keeping you protected. Typically, the relationship begins when you agree to have the lawyer represent you. However, the starting point can be vague, as you need to give the attorney some information before he agrees to take you on, or you agree to hire him. Before you give out too much information, make sure he is working under attorney-client privilege.
  • Not every conversation is necessary protected.  There are times when a conversation is not protected when you talk to an attorney. For example, if you are speaking to him in a room full of people where they can potentially overhear you, an attorney could argue you could not reasonably expect him to keep that information private when so many other people were around. Also, if you are not communicating with the intention of requesting or receiving advice, the privilege may not apply.

We Can Help With Complicated Legal Matters

Legal malpractice is a complex road to navigate, and one that you should not attempt to ride on alone. The Morton Law Offices want to help you if you believe you are a victim of legal malpractice. Contact us today to discuss your situation and to find out if we can help you.

Category: Legal Malpractice


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