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Attorney–client privilege or lawyer–client privilege is the common law doctrine of legal professional privilege in the United States. Attorney–client privilege is "[a] client's right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney." [1]
Attorney misconduct is unethical or illegal conduct by an attorney. Attorney misconduct may include: conflict of interest, overbilling, false or misleading statements, knowingly pursuing frivolous and meritless lawsuits, concealing evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while neglecting to disclose prior law which might counter the argument ...
An attorney also may not report misconduct by another attorney who is the client of the first. If Smith has hired Jones to represent Smith in a legal matter, and Smith confides in Jones during the course of that representation that Smith has stolen money from clients, bribed judges, or otherwise violated the rules of professional conduct, Jones ...
In common law jurisdictions and some civil law jurisdictions, legal professional privilege protects all communications between a professional legal adviser (a solicitor, barrister or attorney) and his or her clients from being disclosed without the permission of the client. The privilege is that of the client and not that of the lawyer.
Negligence by the attorney, A loss or injury to the client caused by the negligence, and; Financial loss or injury to the client. To satisfy the third element, legal malpractice requires proof of what would have happened had the attorney not been negligent; that is, "but for" the attorney's negligence ("but for" causation). [3]
A defendant may also not have to demonstrate prejudice if the attorney made a key decision about the case against the client's wishes, including whether to plead guilty (McCoy v. Louisiana), whether to waive the right to a jury trial, whether to forgo an appeal, or whether the defendant wanted to testify on their own behalf. [27]
For a decade and a half, federal prosecutors in New Mexico say, Albuquerque police officers conspired with a local defense attorney, Thomas Clear, and his investigator, Ricardo Mendez, to make DWI ...
The Model Rules address many topics which are found in state ethics rules, including the client-lawyer relationship, duties of a lawyer as advocate in adversary proceedings, dealings with persons other than clients, law firms and associations, public service, advertising, and maintaining the integrity of the profession. Respect of client ...