Privilege

[BatedBreath]

What is the name of your state?PA

Let's say you've got a lawyer representing you that you're not particularly happy about or you have reasons to need another lawyer regarding your case.

When contacting another lawyer, are you breaking privilege by disclosing anything? And, if so, can you have privilege applicable to that lawyer and your current lawyer only?

Just wondering.

 

[seniorjudge]

What is the name of your state?PA

Let's say you've got a lawyer representing you that you're not particularly happy about or you have reasons to need another lawyer regarding your case.

When contacting another lawyer, are you breaking privilege by disclosing anything? And, if so, can you have privilege applicable to that lawyer and your current lawyer only?

Just wondering.

Privilege is a rule of evidence set up by statute. It covers (in this case) a communication between a lawyer and a client.

You are thinking of the confidentiality rule which is an ethical rule governing lawyers and clients (and has nothing to do with the privelege statutes).

The confidentiality rule (in your example) means that a lawyer cannot divulge what he did for a client, even if what he did is a matter of public record. The information that cannot be divulged by the lawyer could come by communication with the client or by any other means.


Q: When contacting another lawyer, are you breaking privilege by disclosing anything?

A: If you are the client, then you are the one who could assert the privilege in case; you can also give it up. If you are the lawyer, you must have written permission to talk to another lawyer about representing the current lawyer's client.


Q: And, if so, can you have privilege applicable to that lawyer and your current lawyer only?

A: I have no idea what you are asking. The confidentiality rule applies between the client and every lawyer the client hires. If that doesn't answer your question, then rephrase it and ask it again.

 

[BatedBreath]

Let me re-phrase.

If I have an attorney representing me and I call another attorney asking for advice on my case because I am thinking of retaining him, have I broken privilege with the attorney that's already representing me? Is the information I give that attorney privileged information that would never be divulged to anyone even though I have not retained them?

 

[seniorjudge]

Let me re-phrase.

If I have an attorney representing me and I call another attorney asking for advice on my case because I am thinking of retaining him, have I broken privilege with the attorney that's already representing me? Is the information I give that attorney privileged information that would never be divulged to anyone even though I have not retained them?

Q: If I have an attorney representing me and I call another attorney asking for advice on my case because I am thinking of retaining him, have I broken privilege with the attorney that's already representing me?

A: No. It is not privilege you are asking about; it is confidentiality. You are the one the rule protects. If you want to tell the entire world what you said to any lawyer, there is nothing to stop you.


Q: Is the information I give that attorney privileged information that would never be divulged to anyone even though I have not retained them?

A: Yes. Any information you give to any attorney at any time in a attorney-client relationship is confidential.


An ETHICAL attorney will NOT talk to you until you fire the first lawyer and get your file and a termination letter and pay your bill.

 

[Rhubarb297]

Let me re-phrase.

If I have an attorney representing me and I call another attorney asking for advice on my case because I am thinking of retaining him, have I broken privilege with the attorney that's already representing me? Is the information I give that attorney privileged information that would never be divulged to anyone even though I have not retained them?

Privilege and the rules of confidentiality apply to limit what attorneys can do, not the clients.

Even if it's just a consultation, the information you give the second attorney most likely would be confidential under attorney-client privilege. This can be a bit trickier area however.

 

[rmet4nzkx]

The history of your situation is complex, far more complex than what you are describing here. A part of the reason you need a new attorney is because the former one was paid for by an employer and you have since been forced to resign. Now you must look for another attorney to avoid yet another conflict of interest to defend yourself. You are not breaking either privilege or cionfidentiality, that was the attorney's duty, not yours. You must be completely honest with your new attorney. You must have an attorney, you are in over your head and up against your former, former employer's attorney's. I think what you might be asking and I only know this because of the threads that were deleted and the offline questions, is, When you appear for the depositions, can opposing counsel ask you about why you changed employment or why you changed counsel, or questions about priviledged communications? That is a question for you to ask your attorney before the deposition.

If you have a question during the deposition ask for a recess for a health break or if your attorney starts nudging you under the table or asks for a recess for a health break, ask for one or agree to it.