Attorney Client Privilege For Consultants In Miami-Dade

State:
Multi-State
County:
Miami-Dade
Control #:
US-000295
Format:
Word; 
Rich Text
Instant download

Description

The document is a Complaint filed in the Circuit Court regarding allegations of interference with attorney-client privilege and patient-physician privilege involving consultants in Miami-Dade County. The plaintiff, represented by an attorney, claims that the defendants unlawfully engaged in communications with the plaintiff's treating physicians and interfered with the attorney-client relationship, resulting in emotional distress and compensatory damages. Key features of the form include the structured presentation of the plaintiff's claims, a clear outline of the alleged wrongful actions of the defendants, and specific requests for relief, including both compensatory and punitive damages. Users are guided on where to insert relevant information, ensuring clarity in presenting their case. Attorneys, partners, owners, associates, paralegals, and legal assistants can utilize this form to firmly establish claims of wrongful interference in legal relationships, reinforcing the principles of attorney-client and patient-physician confidences. This form serves individuals pursuing legal recourse against unauthorized communications that undermine client trust and legal protections, particularly relevant in the context of consultant involvement in cases within Miami-Dade.
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  • Preview Complaint For Intentional Interference With Attorney-Client Relationship
  • Preview Complaint For Intentional Interference With Attorney-Client Relationship
  • Preview Complaint For Intentional Interference With Attorney-Client Relationship
  • Preview Complaint For Intentional Interference With Attorney-Client Relationship

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FAQ

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 therefore are not protected by the privilege.

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.

The privilege extends to communications involving agents that facilitate the attorney-client relationship.

The attorney-client privilege applies to communications “to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the lawyer is consulted.” Cal. Evid. Code § 952. This includes communications to an expert consultant.

The attorney-client privilege applies to communications “to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the lawyer is consulted.” Cal. Evid. Code § 952. This includes communications to an expert consultant.

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.

Rule 3: Label the top of the communication or the subject line of an email: "Privileged and Confidential: Attorney-Client Privileged Communication." This notice should be prominent and easily viewable as soon as someone receives the communication.

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.

Since the client, and not the attorney, holds the privilege, the client holds the ultimate authority to assert it or waive it.

Legal advice privilege protects client/lawyer communications from the time the communication is made until it is waived either by the client or by some other person such as a successor, who is entitled to do so. If there is no one to do so, the privilege, having been established, is absolute and remains in existence.

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Attorney Client Privilege For Consultants In Miami-Dade