5 ms·

legal confidentiality means... IANAL, but I don't believe you have attorney-client privilege until you formally hire the lawyer. So if you are calling ten lawy

by bravura 14y ago

legal confidentiality means... IANAL, but I don't believe you have attorney-client privilege until you formally hire the lawyer. So if you are calling ten lawyers and getting advice, there is no guarantee of privilege.

sswaner 14y ago
According to the lawyer across the table, privilege starts with the first conversation.
- edouard1234567 14y ago
  Interesting BUT what if the lawyer has a conflict of interest and learns that during the initial conversation before committing to representing you. Does that mean he/she cannot use the information you provided to defend the interest he currently represents assuming he refused to represent you?
  - mattzito 14y ago
    Yes. The lawyer is obligated to keep that information confidential, unless you explicity release confidentiality. As soon as the lawyer realizes there's a conflict, which will often be fairly obvious, they're supposed to stop and explain the situation to whatever degree appropriate.
- smartwater 14y ago
  In Massachusetts it starts when you pay any amount of money.
  - gojomo 14y ago
    Do you have a reference? This page of the Massachusetts Bar, like other more general discussions, suggests it also applies for any 'potential' or 'prospective' client: http://www.massbar.org/publications/massachusetts-law-review/2003/v87-n4/the-attorney-client-privilege-in http://www.massbar.org/publications/massachusetts-law-review...
- cryofan 14y ago
  agreed. This is blackletter law and is taught early on in law school
graeme 14y ago
Pretty sure that's not correct. It would destroy the potential for candid consultations to determine whether a case should be taken. From the attorney's perspective, the inability to guarantee privilege might cause them to incorrectly advise a client on their potential to help.
- dhimes 14y ago
  Yes. I remember OJ Simpson's first lawyer refused the case. Didn't talk about the conversation and wasn't compelled to. But it was clear he refused the case because of the conversation.

by bravura 14y ago

sswaner 14y ago

According to the lawyer across the table, privilege starts with the first conversation.

edouard1234567 14y ago
Interesting BUT what if the lawyer has a conflict of interest and learns that during the initial conversation before committing to representing you. Does that mean he/she cannot use the information you provided to defend the interest he currently represents assuming he refused to represent you?
- mattzito 14y ago
  Yes. The lawyer is obligated to keep that information confidential, unless you explicity release confidentiality. As soon as the lawyer realizes there's a conflict, which will often be fairly obvious, they're supposed to stop and explain the situation to whatever degree appropriate.
smartwater 14y ago
In Massachusetts it starts when you pay any amount of money.
- gojomo 14y ago
  Do you have a reference? This page of the Massachusetts Bar, like other more general discussions, suggests it also applies for any 'potential' or 'prospective' client: http://www.massbar.org/publications/massachusetts-law-review/2003/v87-n4/the-attorney-client-privilege-in http://www.massbar.org/publications/massachusetts-law-review...
cryofan 14y ago
agreed. This is blackletter law and is taught early on in law school

graeme 14y ago

Pretty sure that's not correct. It would destroy the potential for candid consultations to determine whether a case should be taken. From the attorney's perspective, the inability to guarantee privilege might cause them to incorrectly advise a client on their potential to help.

dhimes 14y ago
Yes. I remember OJ Simpson's first lawyer refused the case. Didn't talk about the conversation and wasn't compelled to. But it was clear he refused the case because of the conversation.