Attorney Client Privilege For Consultants In Massachusetts
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Four Practical Tips for Protecting the Attorney-Client Privilege,... CLEARLY IDENTIFY PRIVILEGED COMMUNICATIONS. PRIVILEGE RULES OUTSIDE THE US ARE DIFFERENT. USE CAUTION WHEN COMMUNICATING WITH OUTSIDE DIRECTORS. IN-HOUSE COUNSEL SHOULD CAREFULLY CONSIDER THE RISKS OF SIGNING AFFIDAVITS OR SWORN STATEMENTS.
(d) Exceptions The attorney-client privilege does not apply to the following: (1) Furtherance of Crime or Fraud. If the services of the attorney were sought or obtained to commit or to plan to commit what the client knew or reasonably should have known was a crime or fraud; (2) Claimants Through Same Deceased Client.
Rule 6 of the Massachusetts Rules of Appellate Procedure provides for the filing of a motion asking the Appeals Court to temporarily "stay" or halt a lower court judgment or order pending the outcome of an appeal.
A lawyer shall not, for his own personal benefit or the benefit of any person closely related to the lawyer, solicit any substantial gift from a client, including a testamentary gift, or prepare for a client an instrument giving the lawyer or a person closely related to the lawyer any substantial gift, including a ...
The common interest or joint defense privilege is a widely used tool to shield from discovery strategic communications between separately represented parties who are united against a common adversary.
Rule 1.6 of the Massachusetts Rules of Professional Conduct provides that “a lawyer should not reveal confidential information relating to the representation of a client,” with certain exceptions. Rule 1.9(c)(2) provides that this confidentiality obligation also applies to former clients.
For example, under Rule 1.7, before seeking a waiver, the lawyer has to reasonably believe that he or she can provide competent and diligent representation to each affected client. A lawyer cannot obtain informed consent to a nonwaivable conflict.
