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  #1  
Old 01-26-2009, 09:44 AM
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Lawyer/client confidentiality


Indiana
What is a lawyer allowed to give me over the phone regarding a client?? If the lawyer discusses personal information that was shared between him and his client what can be done?? If im not the client i asked the lawyer about and he tells me personal information that was only discussed between him and his client can something be done?? How can i prove i heard this information from the lawyer and no one else?? Thanks so much.
  #2  
Old 01-26-2009, 11:03 AM
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Posts: 6,673
It depends on what kind of information talked about, the permission implied or granted by the client and why the information was transmitted. Other than that it could be a breach of the duty of confidentiality and you could have the *client* to who the duty was owed report him to the state Bar.
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  #3  
Old 01-26-2009, 11:09 AM
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Posts: 3,763
Quote:
General requirements under United States law

The general requirements for a valid assertion of attorney-client privilege in many jurisdictions in the United States are:
The asserted holder of the privilege is (or sought to become) a client; and
The person to whom the communication was made:
is a member of the bar of a court, or his subordinate, and
in connection with this communication, is acting as an attorney; and
The communication relates to a fact of which the attorney was informed:
by his client,
without the presence of strangers,
for the purpose of securing primarily either:
an opinion on law, or
legal services, or
assistance in some legal proceeding,
and not for the purpose of committing a crime or tort; and
The privilege has been claimed, and
The privilege has not been waived.[1]
The attorney-client privilege is separate from and should not be confused with the work-product doctrine. An attorney speaking publicly in regard to a client's personal business and private affairs can be reprimanded by the bar and/or disbarred, regardless of the fact that he or she may be no longer representing the client. Airing of a client's or past client's dirty laundry is viewed as a breach of fiduciary responsibilities.
From, of all places, wikipedia.
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Quote:
Originally Posted by jdslilangel View Post
Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
  #4  
Old 01-26-2009, 03:38 PM
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Join Date: Mar 2006
Posts: 6,673
From the statements of the OP, this does not seem a privilege issue but one of client confidentiality.
__________________
When you are a Bear of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside you is quite different when it gets out into the open and has other people looking at it.
--W. T. Pooh (aka A. A. Milne)
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