by Leo ShalitAttorney and Client Privileges
Attorney and client privileges refer to the confidentiality of communication between a lawyer and the client. In the United States, the attorney and client privileges focus on communication made in confidence between a counselor and client to seek legal advice. In today’s article, we will talk about the features of attorney and client privileges. Read on!
Covers all types of communication
The attorney-client privilege virtually covers all types of exchanges or communication between an attorney and client. These include oral communication, documents, letters, emails, phone calls, and even text messages. The privileges apply when the communication purpose is to seek or provide legal consultation.
Confidential Communication
The U.S law requires that the communication between the attorney and client must be confidential. There is no involvement of a third-party, and the communication remains between the lawyer and the client. The privilege is lost when someone outside of the lawyer-client relationship receives the communication. For example, if your friend copied your email to the attorney, you will lose the privilege.
No Formal Retainer Agreement
The attorney and client privileges do not require a formal retainer agreement. It is enough for you to believe that you are consulting an attorney to seek legal advice in advancing your own interests.
An organization can be a “client” too, and in such a situation, the privilege protects communications between the corporation’s attorney and the company’s employees. The communication must be within the scope of an employee’s duties. The lawyer can be an in-house attorney employed by the organization or an outside lawyer at a law firm.
Seek Legal Advice
The client must make communications to the lawyer or counsel. The privilege covers the communication of the client with individuals who assists the attorney in the representation.
For example, these individuals can be an investigator or paralegal. The purpose of communication is to seek legal advice from the counsel. In the corporate context, it means an attorney’s communication is not privileged when he or she provides business advice.
Access to Relevant Information
The main purpose of the privileges is to encourage open communications between the lawyers and their clients. Attorneys need access to relevant information to represent their clients effectively. The attorney-client privilege requires a client to provide his or her lawyer with all the necessary information.
Provide the information even if it is unpleasant or embarrassing to discuss because you never know that a small thing can make a big difference in the court. However, the lawyer must not disclose the information without the consent of the client. Besides, the privilege ensures the attorney can provide frank and candid legal advice to his or her client.
Final Words
The attorney and client privileges are the most important component of the U.S justice system. The privilege guarantees the confidentiality of the information and allows for better legal advice. Moreover, the attorney-client privilege encourages communication between the lawyer and attorney to promote compliance with the law. That way, the clients know their counselors will protect their confidentiality and do not disclose private information.
by Leo ShalitTop 5 Reasons to Hire a Criminal Defense Attorney
Speeding or parking tickets are matters which you can potentially handle by yourself. However, it is in your best interest to hire a criminal defense attorney if you face criminal charges.
Due to the potential for serious negative consequences, it is essential to hire a professional criminal defense attorney who can defend you in court and ensure your voice is heard and justice is served. A criminal defense lawyer’s fees are still minimal compared to the potential serious consequences (jail or loss of right to vote) resulting from not having the best defense. Here are the top 5 reasons to hire a criminal defense attorney.
1. Thorough Understanding of Law
An experienced criminal defense attorney knows the criminal justice system and understands how the court proceedings work. The legal system can become confusing even if you have some knowledge of it. However, a qualified and experienced defense attorney can accurately guide you through the process and defend you in court based on facts and evidence.
2. Better Relationships with the Government
An experienced criminal defense attorney has worked in the field for many years, which allows him to develop healthy relationships with prosecutors and the governmen t. It seems a little strange when a defense attorney has a positive relationship with an adversary. However, both lawyers are familiar with court proceedings and understand how things work. Good relationships with the government allow for more effective communications between the parties.
3. Familiarity with Your Case
While each case is unique, an experienced criminal defense attorney should be familiar with the case type since he has dealt with similar cases in the past. Remember that different lawyers have different specialties, and a criminal defense lawyer has many years of experience dealing with criminal cases. So, your attorney can properly handle your case in court and provide you with the necessary assistance to obtain the best possible outcome.
4. Damage Control
The prosecutor will do their best to collect enough evidence to convict you. Unfortunately, the prosecutor will use the police officers to get information from you. A criminal defense attorney guides you on answering questions in custody and ensure you don’t say anything that could harm your case later on. If you have revealed information to the police, an experienced attorney can make a motion to suppress the damaging information and make it less harmful or damaging to your case.
5. Witness Statements
Many years of experience enable a criminal defense attorney to assemble evidence and proclamations from witnesses. Without a criminal defense lawyer, it is not easy to properly attain victim or witness statements because of reluctance of these parties to speak with the the defense. A criminal defense attorney uses various resources, such as expert witnesses and private investigators, to develop case information and build the defense.
Final Words
A highly experienced and skilled attorney can defend you when you are facing criminal charges. Leo, Shalit, P.C. has a team of licensed and experienced defense criminal attorneys committed to providing the best legal services. If you are facing a criminal charge, contact us today!