Tag Archives: attorney-client privilege
Can My Old Lawyer Refuse to Give My File to My New Lawyer?
NO. LAWYERS MUST RELEASE THE CLIENT’S FILE PROMPTLY, UPON REQUEST Attorneys have a legal duty to release the client’s file (at the client’s request) upon termination of the attorney-client relationship, regardless of the reason for termination. The lawyer must release “all materials and property” belonging to the client (including electronic files), and must release them… Read More »
When Your Lawyer Quits: Protecting Confidential Information
This post is part of an ongoing series about the obligations lawyers have when terminating (quitting) representation of a client. To start from the original post, click here (the post will open in a new window). EVEN AFTER TERMINATING THE ATTORNEY-CLIENT RELATIONSHIP, A LAWYER MUST MAINTAIN THE CONFIDENTIALITY OF THE CLIENT’S CONFIDENTIAL INFORMATION It’s… Read More »
Are Consultations With a Lawyer Confidential?
Even though (in most cases) an attorney-client relationship is required to support a malpractice claim, even a consultation can be enough to establish an attorney-client relationship for purposes of attorney-client privilege. WHAT IS ATTORNEY-CLIENT PRIVILEGE? Attorney-client privilege is one of the oldest confidentiality protections recognized in the United States. Although the name includes both… Read More »
When and How is a Lawyer the Client’s “Agent”?
THE ATTORNEY-CLIENT RELATIONSHIP IS AN AGENCY RELATIONSHIP The attorney-client relationship is an agency relationship, which means that the relationship is governed by agency law. Agency is a branch of law that governs relationships that arise when one person (known as the principal) hires another person (the agent) to act on the principal’s behalf. By law, an agent has the… Read More »
