Attorney Client Privilege With Third Party Present

State:
Multi-State
Control #:
US-01623BG
Format:
Word; 
Rich Text
Instant download

Description

The Disclosure by Letter from Client to Attorney Regarding Division of Fees between Attorneys form establishes an understanding of the attorney-client privilege when a third party attorney is involved in a client's case. This form clarifies the roles of both the referring attorney and the attorney to whom the client is referred, ensuring that the client understands how their fees will be divided and the responsibilities entailed. Key features include sections for the client to identify themselves, both attorneys, the nature of the claims, and a clear consent statement for the client's agreement to the referral. Filling out this form is straightforward; clients simply need to provide their details, the details of the attorneys, and a description of their claims. The form is useful for attorneys, partners, owners, associates, paralegals, and legal assistants as it upholds transparency and trust in the attorney-client relationship, ensuring all parties are aware of fee arrangements and involved roles. This helps maintain the integrity of the legal process, particularly when third-party attorneys contribute to the case, where clarity can prevent misunderstandings and promote effective collaboration. Specific use cases may include cases where expertise from additional attorneys is required, or in situations where multiple attorneys are working on a client's claim, thus ensuring fair division of fees without burdening the client.
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FAQ

Third Party Agents of the Lawyer Courts have recognized that ?[w]hether the presence of a third party will destroy the privilege depends on the identity of the third party and whether the client could reasonably have believed the communication would remain confidential.

Waiver: If the client voluntarily discloses the information to a third party, the attorney-client privilege may be waived, and the information may no longer be confidential.

The general rule is that, by allowing a third party to be present for a lawyer-client conversation, the defendant waives the privilege. That generally means that the prosecution can force the third party to reveal the contents of the conversation.

Privilege ? The law of privilege allows parties to maintain confidentiality in their legal communications. In particular, parties may rely on the law of privilege to refuse to produce documents or answer questions from third parties.

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Attorney Client Privilege With Third Party Present