Attorney Client Privilege With Third Party Present

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

Description

Without an agreement as to the division of fees, attorneys jointly undertaking to represent a client share equally, and this is true even though one attorney employs another attorney to assist in an action for a contingent fee. But where the client's employment of more than one attorney is not joint, or where separate attorneys render separate services, each is entitled only to the reasonable value of each attorney's services.

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  • Preview Disclosure by Letter from Client to Attorney Regarding Division of Fees between Attorneys
  • Preview Disclosure by Letter from Client to Attorney Regarding Division of Fees between Attorneys

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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