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The person to whom the communication was made: is a member of the bar of a court, or a subordinate of such a member, and; in connection with this communication, is acting as an attorney; and; The communication was for the purpose of securing legal advice. [7] There are a number of exceptions to the privilege in most jurisdictions, chief among them:
Self-help" legal service providers must take care not to cross the line into giving advice, in order to avoid "unauthorized practice of law", which in the U.S. is the unlawful act of a non-lawyer practicing law. [60] The American Bar Association (ABA) has also been involved with issues related to self-representation. [61]
There is some agreement that appearing in a legally constituted court in a legal proceeding to represent clients (particularly for a fee) is considered to be unauthorized practice of law. [1] [2] But other variations are subject to interpretation and conflicting regulation, particularly as to the scope and breadth of the prohibition. [1]
Notes prepared by law enforcement agents of an interview with a potential government witness may be subject to production under the Jencks Act, provided the witness testifies at the trial. Some government practices have led to the destruction of such notes prior to any trial. This is not, of itself, considered to be bad faith. [100] [101]
Those requesting legal aid must show that they cannot afford to pay their own legal costs or doing so would be unfair to themselves or their families. [36] Legal aid in civil cases is provided for applicants who show they cannot pay for their own legal costs, as well as those whose cases are deemed to have a legal basis to go forward. [37]
The U.S. Supreme Court interprets these clauses to guarantee a variety of protections: procedural due process (in civil and criminal proceedings); substantive due process (a guarantee of some fundamental rights); a prohibition against vague laws; incorporation of the Bill of Rights to state governments; and equal protection under the laws of ...
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The amendment as proposed by Congress in 1789 and ratified by the states: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be ...