Attorney Client Privilege With Former Employees In Dallas
Description
Form popularity
FAQ
Imminent death or harm. Your attorney can't be held to attorney-client privilege if they believe that keeping your confidence would result in death or significant physical harm to someone.
There are two major exceptions to the lawyer-client privilege under the California Evidence Code, as discussed below. 2.1. Crime or fraud. 2.2. Preventing death or substantial physical harm.
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.
It is a common practice for outside litigation counsel to represent current, and even former, employees of corporate clients during depositions. This practice, however, is governed by ethical rules (and opinions and case law) that must be considered in advance.
Unethical attorneys may breach attorney-client privilege for their own gain. If they have the chance to profit from your information or your case presents a conflict of interest for them, unbeknownst to you, they may intentionally divulge privileged information to benefit or protect themselves.
The exceptions to the lawyer-client privilege include planning an ongoing crime and imminent harm.
The attorney-client privilege protects most communications between clients and their lawyers. But, ing to the crime-fraud exception to the privilege, a client's communication to her attorney isn't privileged if she made it with the intention of committing or covering up a crime or fraud.
