In this complaint, plaintiff charges defendants with intentional interference with the attorney/client relationship. The plaintiff states that the actions of the defendants in interfering with the attorney/client relationship were willful, wanton, malicious and obtrusive and that punitive damages should be accessed against the defendants.
Interference With Attorney Client Relationship In Bronx
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State:
Multi-State
County:
Bronx
Control #:
US-000295
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FAQ
In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.
If someone listens to your lawyer's confidential communications without your consent (e.g., overhearing, illegal wiretapping), the eavesdropper is legally forbidden from divulging that personal information. That testimony will be inadmissible in court if they do so, but the eavesdropper may even face criminal charges.
California. Cal. Government Code § 87100, 87103. A conflict of interest exists if a legislator uses their official position to influence a governmental decision in which they know they, an immediate family member or a business they are associated with have a financial interest .
The true test of verifying whether a matter is just a potentially perceived conflict of interest, or an actual conflict of interest, is disclosure. When it comes to conflicts of interest, appearance is as important as reality. This is why disclosing conflicts of interest is important.
A conflict check is an investigation to see if the interests of a past or current client of the attorney and/or their law firm interfere with your interests, the potential client. If a conflict is found it usually means the attorney cannot represent you because they owe a duty of loyalty to a past or former client.
Rule 3.4(e) arguably comes closest to addressing this issue, as it prohibits lawyers from threatening “to present criminal charges solely to obtain an advantage in a civil matter.” It is silent, however, with respect to threatening disciplinary charges.
For example, if a lawyer is asked to represent the seller of a business in negotiations with a buyer represented by the lawyer, not in the same transaction but in another, unrelated matter, the lawyer could not undertake the representation without the informed consent of each client.
Attorney-client privilege protects confidential communications between a lawyer and their client that relate to the client's seeking of legal advice or services.
While it may include attorney and client, stockbroker and customer, real estate agent and buyer, a senior family member and an unsophisticated relative, the relationship is defined on a case-by-case basis, with reliance and dominance the key factors.
The establishment of the attorney-client relationship involves two elements: a person seeks advice or assistance from an attorney; and the attorney appears to give, agrees to give or gives the advice or assistance.