Attorney Client Privilege With In House Counsel In Broward
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FAQ
The attorney-client privilege does not apply to every communication with an attorney. For the privilege to exist, the communication must be to, from, or with an attorney, and intended to be confidential. In addition, the communication must be for the purpose of requesting or receiving legal advice.
Therefore, controversy has emerged over the scope of the attorney–client privilege between the counsel and the president and vice president, namely with John Dean of Watergate notoriety. It is clear, however, that the privilege does not apply in strictly personal matters.
(a) PROOF OF SERVICE. Within twenty-one days after service of a summons and complaint, a party must file proof of service.
Rule 4-4.2, Rules of Professional Conduct, provides that, in representing a client, a lawyer cannot communicate with a person the lawyer knows to be represented by another lawyer in the matter unless the other lawyer gives consent.
Key Provisions of Rule 4-4.2 Prohibition of Communication: Attorneys are prohibited from directly contacting a represented person about the subject matter of the representation without the consent of the represented person's counsel.
Rule 4-1.17 provides that the seller must attempt to serve each client with written notice of the contemplated sale, including the identity of the purchaser and the fact that the decision to consent to the substitution of counsel or to make other arrangements must be made within 30 days.
Under Rule 4-1.6, a lawyer may only disclose information relating to the representation if the lawyer has the client's informed consent or one of the exceptions stated in subdivisions (b) or (c) applies.
The elements required to establish the attorney-client privilege are as follows: a communication; made between privileged persons; in confidence; and. for the purpose of seeking, obtaining, or providing legal assistance to the client.
The privilege extends only to communications that the client intends to be confidential. Communications made in non-private settings, or in the presence of third persons unnecessary to accomplish the purpose for which the attorney was consulted, are not confidential and are not protected by the privilege.