Can I have a witness with me when I consult with my attorney?

[Chz28]

In the state of Texas can I have a witness with me when i consult with my attorney in his/her office?

Also, what right does he/she have to throw them out of the room and refuse to speak to me with my witness in the same room.

 

[quincy]

In the state of Texas can I have a witness with me when i consult with my attorney in his/her office?

Also, what right does he/she have to throw them out of the room and refuse to speak to me with my witness in the same room.

For what reason do you want someone in the room with you?

 

[Just Blue]

In the state of Texas can I have a witness with me when i consult with my attorney in his/her office?

Also, what right does he/she have to throw them out of the room and refuse to speak to me with my witness in the same room.

Yes you have the "right". Attorney should toss out the witness as that would take away attorney/client privilege.

 

[quincy]

That is not always the case, Blue. Facts matter.

 

[Chz28]

For what reason do you want someone in the room with you?

i wanted to have someone who is a witness to my case in the room with me so that my attorney could review his verbal and written statement. I also wanted him in the room while I consult my attorney so that I can make sure there is no misconduct on my attorneys part.

 

[CTU]

i wanted to have someone who is a witness to my case in the room with me so that my attorney could review his verbal and written statement. I also wanted him in the room while I consult my attorney so that I can make sure there is no misconduct on my attorneys part.

You would recognize attorney misconduct?

 

[quincy]

i wanted to have someone who is a witness to my case in the room with me so that my attorney could review his verbal and written statement. I also wanted him in the room while I consult my attorney so that I can make sure there is no misconduct on my attorneys part.

When a third person is present, the communications between the attorney and client are generally no longer held confidential. The attorney-client privilege is lost, as Blue said.

There are notable exceptions to this, however. A translator is one exception. And, when the third person is an AGENT of either the client or the attorney, there is no presumption that the communication is not confidential. The communication remains privileged.

Foley v. Poschke, 66 Ohio App 277, 299 Ohio Ct App (1940): https://casetext.com/case/foley-v-poschke

US v. Kovel, 296 F.2d 918 (2d Cir 1961): http://law.justia.com/cases/federal/appellate-courts/F2/296/918/131265

If you do not trust your attorney, I recommend you find an attorney you trust. If your current attorney is refusing to allow you to have a "witness" in the room with you, however - and this witness is not a confidential agent - it appears to me that he is acting in your best interests.

 

[latigo]

In the state of Texas can I have a witness with me when i consult with my attorney in his/her office?

Also, what right does he/she have to throw them out of the room and refuse to speak to me with my witness in the same room.

Why don't you come back when you actually have hired an attorney; either a "he" or a "she" will do.

Of course, if you have retained one and are not sure of the gender, that would explain the alternative pronouns. Personally, though I think you are simply just full of it!

 

[Chz28]

You would recognize attorney misconduct?

Yes, and my witness has some good questions to ask that I wanted to know. My witness is also more knowledgeable than I am as far as legal things and my case.

 

[quincy]

Why don't you come back when you actually have hired an attorney; either a "he" or a "she" will do.

Of course, if you have retained one and are not sure of the gender, that would explain the alternative pronouns. Personally, though I think you are simply just full of it!

The question is not a bad one, though.

If you do not trust your attorney, hire one you trust. Your witness can compromise your case.

 

[Chz28]

The question is not a bad one, though.

If you do not trust your attorney, hire one you trust. Your witness can compromise your case.

My attorney is a he. Not that it matters at all for the question I asked. I have already paid him in full. Attorney's are not cheap and I cannot afford to go around hiring attorney's left and right. You say hire one that I trust. 85% of attorney's out there are full of it, and it's costly to go through most of them to find one that I trust. If most of them were not incompetent and conniving it would be just that simple, but it's not.

 

[CTU]

My attorney is a he. Not that it matters at all for the question I asked. I have already paid him in full. Attorney's are not cheap and I cannot afford to go around hiring attorney's left and right. You say hire one that I trust. 85% of attorney's out there are full of it, and it's costly to go through most of them to find one that I trust. If most of them were not incompetent and conniving it would be just that simple, but it's not.

Knock yourself out, sport.

 

[quincy]

My attorney is a he. Not that it matters at all for the question I asked. I have already paid him in full. Attorney's are not cheap and I cannot afford to go around hiring attorney's left and right. You say hire one that I trust. 85% of attorney's out there are full of it, and it's costly to go through most of them to find one that I trust. If most of them were not incompetent and conniving it would be just that simple, but it's not.

Well, then. It is a shame you could not locate one of the 15% that are honorable and competent.

I suggest you write out the questions that your "witness" believes are important to ask and ask the attorney the questions yourself.

Best of luck - to both you and your attorney.