Questions tagged [attorney-client-privilege]
For questions about the attorney-client privilege, the concept that protects certain forms of communication between a client and his or her attorney form being used in court.
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Are there measures to prevent accused persons to use their lawyer as messenger?
Persons taken into custody while the investigation into their alleged crimes is ongoing are not allowed to have private communications with the outside world or other suspects. Letters they write are ...
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Is a consequence of waiving privilege for new representation that anyone can now access the privileged material?
A person was convicted of murder.
They take on new legal representation to help them appeal against the conviction.
They waive privilege to give their new lawyer access to the notes of conversations ...
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Are classified documents subject to a subpoena in discovery?
If I publish an inflammatory statement about a public figure -- like one that claims they are mentioned by name in files owned by the kingpin of a pedophile ring -- and that public figure chooses to ...
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Does a document retain legal privilege when knowingly leaked?
Assume that a text document has been sent to a solicitor. This should make said document subject to legal privilege. This is to give it all of the protections possible under the Common Law system.
The ...
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Can intake coordinator in law offices divulge attorney-client privileged information?
Does talking to the intake coordinators for them to gather information from me run the risk of having them divulge the information to the attorney and have the information be used against me if my ...
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Why isn't a misfiled attorney-client memo fair game for use in a trial?
This question is regarding the misfiled DOJ letter that explained why they have a poor case.
It appears that the case is going to move forward with the letter removed, with the letter scrubbed and ...
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what criteria do lawyers, in particular patent lawyers, use to determine whether or not to accept a case?
I just came off of an initial consultation with a patent lawyer about a utility patent application. After the one hour consultation, he stated that he currently does not have the bandwidth to take on ...
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Do initial email exchanges between an attorney and potential client constitute "client-attorney relationship"?
I sent an email to a patent attorney soliciting tradement and patent services.
At what point does the "client-attorney relationship" begin, and hence offering protection to the client?
I ...
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Does the protection of Legal Privilege apply to encrypted documents?
My understanding, based upon Common Law in England & Wales, is once something is sent to a solicitor, it is subject to Legal Privilege.
If the solicitor is unable to open an emailed document, say ...
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Is privilege often misused to mean confidential?
It seems to me that these two terms may be completely different and yet they often seem to be used in an interchangeable and anyway an overlapping manner.
Under data protection laws, data controllers ...
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Does attorney-client privilege extend to foreign lawyers?
To what extent does attorney-client privilege apply to communications between a client and a lawyer licensed in a foreign jurisdiction, if it applies at all? Does it matter if the foreign jurisdiction ...
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Can a government lawyer's duty of loyalty be ended in Canada?
I assume the following:
A lawyer employed by the Government of Canada (GC) has an attorney-client relationship with GC.
The "attorney" is the lawyer, the "client" is "...
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Does attorney-client privilege apply when lawyers are fraudulent about credentials?
If a person goes to another person for legal advice and the person is deceitful in some way about being a lawyer, does attorney-client privilege still apply?
For instance, maybe the person does not ...
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Are attorneys legally or ethically bound to share evidence in civil cases before complaints are filed?
Are attorneys legally or ethically bound to share evidence or discovery materials in civil matters before actual complaints are filed?
Let's say Person A (a non-public figure) suspects Person B (a non-...
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Can an attorney plead the 5th if attorney-client privilege is pierced?
In the investigation related to Mar-a-Lago, the Justice Department is seeking to pierce attorney-client privilege relating to several bits of testimony and discovery items they're seeking from Trump's ...
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