Canon 1 – A paralegal must not: (a) engage in, encourage, or contribute to any act which could constitute the unauthorized practice of law; (b) establish attorney-client relationships, set fees, give legal opinions or advice, or represent a client before a court or agency unless so authorized by that court or agency; ...
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.
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.
Canon 3 – A paralegal may perform any task which is properly delegated and supervised by an attorney, as long as the attorney is ultimately responsible to the client, maintains a direct relationship with the client, and assumes professional responsibility for the work product.
California Evidence Code 954 defines the attorney-client privilege. It gives your lawyer the legal right not to disclose the contents of your communication with them. Additionally, it gives you the right to require confidentiality from your lawyer and make any breaches inadmissible in court.
Q: At what point in time does the privilege legally begin? A: Immediately — as soon as those three elements are met (the lawyer-client; private communication, and for purposes of legal advice).
Rule 4.1 Truthfulness in Statements to Others (b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Business and Professions Code section 6068, subdivision (e)(1) or rule 1.6.
Except when created by court appointment, the attorney-client relationship may be found to exist based on the intent and conduct of the parties and the reasonable expectations of the potential client.
If an attorney-client relationship exists, an attorney owes a duty of confidentiality to the clients. Except in those situations where a court appoints an attorney, the attorney-client relationship is created by contract, either express or implied.