Attorney Client Privilege Former Employees In Massachusetts
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Meeting the Tort Threshold In Massachusetts, to file a tort claim for pain and suffering, your medical expenses must exceed $2,000 or you must have severe injuries as discussed above. If you don't meet these criteria, you can't claim for pain and suffering, limiting your compensation.
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.
Rules of Professional Conduct Rule 1.9: Duties to former clients | Mass.
Crime or Fraud Exception. If a client seeks advice from an attorney to assist with the furtherance of a crime or fraud or the post-commission concealment of the crime or fraud, then the communication is not privileged.
∎ Mandatory subjects of bargaining are wages, hours, standards of productivity and performance and other terms and conditions of employment.
(a) A lawyer shall not reveal confidential information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).
Model Rule 1.6 sets forth the parameters of the duty of confidentiality. In contrast, the evidentiary principle of the attorney-client privilege is usually a creature of common law. A few states have codified the privilege in a rule of evidence, but that is not the norm.
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 court held that “just as the attorney-client privilege itself survives the death of the client for whose benefit the privilege exists, the right to waive that privilege in the interest of the deceased client's estate also survives and may be exercised by the decedent's personal representative.”
