Define Attorney Client Privilege

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Define Attorney Client Privilege, asbestosdefinition.com | The essence of the matter is that, in the US, many attorneys for their clients claim this privilege to protect the clients from being deposed in open court.

Define Attorney Client Privilege
By https://inhouse-legal.eu/legal-privilege/marriott-case/

The clients have to prove their innocence, in order to obtain a dismissal of the case. The attorney cannot simply take the client’s word for it that he or she does not have anything to hide.


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This is another reason why the client has to know what exactly is protected and what is not protected. The client must be fully aware of what a lawyer’s privilege is, and what its limitations are.

 

The Lawful Way to Define Attorney Client Privilege

If a client of an attorney has a problem with something that the attorney says in court, and his lawyer does not say anything about the client’s rights, the client has every right to challenge the attorney’s conduct. The client is not obligated to keep silent, nor does he have to agree with anything that the attorney tells him.

Lawyers who are attorneys for the defendant usually claim that they have the attorney-client privilege and refuse to answer any questions that are asked by the defendant. But courts tend to disagree with this assertion, and frequently find that there has been no violation of the attorney-client privilege.

Image Define Attorney Client Privilege
By https://www.shouselaw.com/lawyer-privilege.html

If the client remains silent in this manner, and no legal action is taken against him, the court will almost always find that the silence was a breach of his obligation of candor. There is nothing the client can do about this other than to take the actions suggested by the court in their order for the client to answer the questions.


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If the client cannot avoid answering the questions that are asked by the opposing counsel, it is probably better for him to answer them. There is absolutely no reason for him to remain silent.

But the client may also ask questions about his private matters. If he is asked about any aspect of his private life that has nothing to do with the client’s personal injury lawsuit, the court has no power to interfere and allow it to remain silent.

In fact, if the client remains silent about something related to his private life, the lawyer has a duty to report this fact to the court, even if the client has already told his story in court. Once again, the client should know exactly what is privileged, and what is not privileged.

Many states allow attorneys for their clients to choose their own attorneys. Some of these lawyers go so far as to actively involve themselves in the litigation process.

When this happens, it is very difficult for the client to defend himself, because he cannot properly answer the questions that are asked by the opposing counsel. The client cannot argue the point, or present his side.

When a lawyer for the client is concerned about the client’s ability to answer and want to have all of the facts on the table, he may ask the court to interpret the attorney-client privilege. A court of law can ask the lawyer to determine what would be the proper interpretation of the attorney-client privilege in the specific circumstances.

In addition, the client may be allowed to explain his position to his attorney, to explain what his perspective is, and give some further details about what the case is about. Only the court can make that determination.


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