FAQ

Can you call a lawyer on behalf of someone else?

Can you call a lawyer on behalf of someone else?

You may hire a lawyer for anyone you’d like. However, the attorney-client relationship will be solely and exclusively between the attorney and the client. You will not be the client, but merely the person who is responsible for paying the…

Can lawyers give advice to friends?

Providing casual legal advice to a family or friend can result in major liability, malpractice, or disciplinary action as the non-clients may have reasonably relied on the information given.

Is an attorney considered a third party?

(a) A lawyer serves as a third-party neutral when the lawyer assists two or more persons who are not clients of the lawyer to reach a resolution of a dispute or other matter that has arisen between them.

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Why do lawyers say this isn’t legal advice?

The “this is not legal advice” disclaimer is a “cover your ass” statement meant to make perfectly clear that any communication between a practicing attorney and a non-client is not interpreted, in any way, as an attorney-client communication providing formal legal advice.

Can lawyers disclose information?

The rule of client-lawyer confidentiality applies in situations other than those where evidence is sought from the lawyer through compulsion of law. A lawyer may not disclose such information except as authorized or required by the Rules of Professional Conduct or other law.

Is legal advice confidential?

What is legal advice privilege? Legal advice privilege covers confidential communications (written or oral) between a lawyer and their client for the purpose of giving or receiving legal advice. It applies to all advice in relation to a client’s legal rights and obligations.

Who is considered to be a third party?

A generic legal term for any individual who does not have a direct connection with a legal transaction but who might be affected by it. A third-party beneficiary is an individual for whose benefit a contract is created even though that person is a stranger to both the agreement and the consideration.

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What is 3rd party advice?

In a nutshell, a third party is usually a person or firm that is hired from the outside to provide advice from an outsider’s perspective when business leaders are having a hard time deciding how to handle certain situations.

When does the attorney-client privilege apply to legal advice?

Generally, the attorney-client privilege applies when: 1 an actual or potential client communicates with a lawyer regarding legal advice 2 the lawyer is acting in a professional capacity (rather than, for example, as a friend), and 3 the client intended the communications to be private and acted accordingly.

Are communications between a defendant and an attorney protected by privilege?

The defense argues that the attorney-client privilege applies, and that the documents are protected. But the documents relate to plans between the defendant and the attorney to misappropriate funds belonging to the plaintiff. Because the communications were for the purpose of committing fraud, they aren’t privileged.

Can a lawyer disclose confidential information to a client without permission?

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The privilege generally stays in effect even after the attorney-client relationship ends, and even after the client dies. In other words, the lawyer can never divulge the client’s secrets without the client’s permission, unless some kind of exception (see below) applies.

What is the crime-fraud exception to the attorney-client privilege?

But, according to the crime-fraud exception to the privilege, a client’s communication to her attorney isn’t privileged if she made it with the intention of committing or covering up a crime or fraud. Because the attorney-client privilege belongs to the client, the client’s intent determines whether the exception applies.