Is attorney client privilege practice wide? Does the concept of attorney client privilege apply to workers within the same law practice that are not directly involved with your case as well?
Basically, the privilege does apply to other members of the firm including non-lawyer staff, although the analysis that gets you there can be a bit involved in some cases. The Duty of Confidentiality As @DavidSiegel notes, there is a distinction between the duty to not reveal client secrets subject to certain exceptions, that in all U.S. jurisdictions arises primarily under Rule of Professional Conduct 1.6, Rule 5.1 regarding partners and supervisory lawyers in law firms, Rule 5.2 regarding subordinate lawyers in law firms, and Rule 5.3 governing how the rules apply to non-lawyer assistants in a firm. The Attorney-Client Privilege There is a separate body of law that heavily overlaps that governs the attorney-client privilege which is the right to refuse to disclose confidential information of a client to third-parties even in the face of a court order of subpoena that would otherwise compel someone legally to disclose information. The attorney-client privilege has a couple of components. One is the privilege for confidential communications between a lawyer and a client (which extends to disclosures to other attorneys and staff in the firm with a need to know and people with whom there are joint defense agreements) and the other is the work product privilege which protects work done for a client by a lawyer or the lawyer's law firm in the course of a legal representation of the client (which is almost as strong but has some narrow exceptions that don't apply to the confidential communications privilege). The work product privilege, like the confidential communications privilege, is not waived or impaired because attorney work product (or attorney staff work product) is shared within lawyers and legal staff in a law firm as necessary to represent a client. An attorney-client relationship that gives rise to the privilege extends directly from the client to every lawyer in a law firm that works on their case in any way, or is made privy to the attorney-client privileged material regarding the client in any way. In Colorado, where I primarily practice (which is entirely typical in this regard), this is mostly codified by statute in Colorado Revised Statute § 13-90-107(1)(b) (at pdf page 544) which expressly extends its protections to legal staff by stating: An attorney shall not be examined without the consent of his client as to any communication made by the client to him or his advice given thereon in the course of professional employment; nor shall an attorney's secretary, paralegal, legal assistant, stenographer, or clerk be examined without the consent of his employer concerning any fact, the knowledge of which he has acquired in such capacity. There is also a great deal of case law interpreting this statute. The case law establishes, for example, that the privilege belongs to the client and not the attorney or the employees of the attorney. In federal courts when dealing with questions of federal law, the attorney-client privilege is governed not mostly by state statutes and case law but by the federal common law authorized and developed under Federal Rule of Evidence 501 and Federal Rule of Evidence 502. FRE 501 states: Rule 501. Privilege in General The common law — as interpreted by United States courts in the light of reason and experience — governs a claim of privilege unless any of the following provides otherwise: the United States Constitution; a federal statute; or rules prescribed by the Supreme Court. But in a civil case, state law governs privilege regarding a claim or defense for which state law supplies the rule of decision. FRE 502 states: Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver The following provisions apply, in the circumstances set out, to disclosure of a communication or information covered by the attorney-client privilege or work-product protection. (a) Disclosure Made in a Federal Proceeding or to a Federal Office or Agency; Scope of a Waiver. When the disclosure is made in a federal proceeding or to a federal office or agency and waives the attorney-client privilege or work-product protection, the waiver extends to an undisclosed communication or information in a federal or state proceeding only if: (1) the waiver is intentional; (2) the disclosed and undisclosed communications or information concern the same subject matter; and (3) they ought in fairness to be considered together. (b) Inadvertent Disclosure. When made in a federal proceeding or to a federal office or agency, the disclosure does not operate as a waiver in a federal or state proceeding if: (1) the disclosure is inadvertent; (2) the holder of the privilege or protection took reasonable steps to prevent disclosure; and (3) the holder promptly took reasonable steps to rectify the error, including (if applicable) following Federal Rule of Civil Procedure 26 (b)(5)(B). (c) Disclosure Made in a State Proceeding. When the disclosure is made in a state proceeding and is not the subject of a state-court order concerning waiver, the disclosure does not operate as a waiver in a federal proceeding if the disclosure: (1) would not be a waiver under this rule if it had been made in a federal proceeding; or (2) is not a waiver under the law of the state where the disclosure occurred. (d) Controlling Effect of a Court Order. A federal court may order that the privilege or protection is not waived by disclosure connected with the litigation pending before the court — in which event the disclosure is also not a waiver in any other federal or state proceeding. (e) Controlling Effect of a Party Agreement. An agreement on the effect of disclosure in a federal proceeding is binding only on the parties to the agreement, unless it is incorporated into a court order. (f) Controlling Effect of this Rule. Notwithstanding Rules 101 and 1101, this rule applies to state proceedings and to federal court-annexed and federal court-mandated arbitration proceedings, in the circumstances set out in the rule. And notwithstanding Rule 501, this rule applies even if state law provides the rule of decision. (g) Definitions. In this rule: (1) “attorney-client privilege” means the protection that applicable law provides for confidential attorney-client communications; and (2) “work-product protection” means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial.
There are two basic problems with your theory: You say: can't one accept a case on contingency and "as time permits," so that in such an event one would simply drop the contingency case (or, if it looked promising, hand it off to some other lawyer in a slump)? No. you can't. If you take a case, then drop it because a more profitable case comes along, you might well be disbarred, not to mention sued by the client you just threw over. You might even spend a night in jail for contempt--in many cases, you are not allowed to simply drop a case without the court's permission. So if you accept a contingency case, you accept it until (1) the case is over, (2) the client fires you, (3) you, the client, and the judge all agree you can quit, or (4) you can convince the judge you should be allowed to quit regardless of the client's wishes. Until then, you are stuck with the time and expense involved with handling the case. "Expense" is the second problem. You seem to be under the impression that once you've paid for the office and the coffee maker, there's no downside in pursuing a contingency case. But filing and pursuing a lawsuit cost money, not just time. Copying and coding documents costs money. Stenographers for depositions cost money. Just filing a lawsuit often costs a few hundred dollars. Hell, in a major lawsuit, you will probably spend a few hundred dollars just on postage. And a lot of commercial litigation now involves expert witnesses, whose fees start at a few hundred dollars an hour. Normally that all gets billed back to the client, but on a contingency case the lawyer often absorbs most or all of it. So from a lawyer's perspective, even if he or she is not working right now, "any positive payout" isn't enough. It has to be enough of a payout, and enough of a chance of winning, that the expected reward is worth paying, potentially, the cost of a trial, and forgoing other work if things get busy again while you're trying to prep your contingency case for trial. The fact is, for a lot of this sort of case--even if it looks "potentially profitable" to a non-lawyer--is going to be less profitable, in the long run, than spending the same amount of time playing golf with people who might actually pay you by the hour to do something. Also, two quick notes: Your suggestion of raising the contingency up to 100%, or close to it, won't help--it's illegal in many jurisdictions, and unethical in all of them. As a side note, even if a lawyer did take one of these cases, it wouldn't do you any good, since lawyers are prohibited in most cases from splitting their fees with non-lawyers.
Chaudhry v Prabhakar is unlikely to be applicable Giving specific advice one-on-one in a field of known expertise when specifically asked creates a duty of care. Giving general advice on a mass-communication forum to general questions when all parties are aware that specific legal advice is specifically off-topic doesn’t.
Not in jurisdictions I am familiar with. A "Power of attorney" is a power to act as an attorney-in-fact, not to act as an attorney-at-law. A layperson practicing law for someone other than herself is usually the unauthorized practice of law and is illegal in most jurisdictions. It would be permissible if a jurisdiction carved out an exception for a particular kind of case, but they generally don't and are very unlikely to do so in a criminal case. For example, in Washington State "Limited Practice Officers" can assist people with one of a very limited set of civil legal forms that do not need modification. There may be some exceptions, but they would be more likely to occur before a matter becomes criminal. For example, the accountant who represents a taxpayer before the IRS, or the agent who files a form containing perjury to a federal agency like the post office or homeland security on your behalf. So it is very unlikely, but if it is important to you you can ask someone familiar with your kind of case in your jurisdiction.
When they start giving legal advice ... unless your PA is a lawyer. In a nutshell, legal advice has the following characteristics: Requires legal knowledge, skill, education and judgment Applies specific law to a particular set of circumstances Affects someone's legal rights or responsibilities Creates rights and responsibilities in the advice-giver Unlike legal information - such as information posted on a street sign - legal advice proposes a specific course of action a client should take. For instance, it's the difference between telling someone what to do (legal advice) as opposed to how to do it (legal information). For your specific questions Can they research the CC&amp;Rs, Bylaws or other such states, federal statues to help me better understand the letter? Researching and even summarising is not legal advice. If they give opinions on what you should do as a result of that research it is legal advice. Can they write up a response letter that I would look at and approve ... Yes ... or if minor enough they could just respond? It depends on what's involved. If it is a purely factual response (&quot;Is this your car?&quot;) then this is ok. If it is legal advocacy, it isn't. Putting aside the legalities; how does your PA feel about you suing them if they stuff any of this up? If I was your PA, I wouldn't be acting as your agent without an indemnity.
Yes Ideally a case will be conducted by the same judge throughout, however, there are a multitude of personal, professional and administrative reasons why this might not happen - litigation can take years and like every other workplace people come and go, have changing family circumstances, sickness, vacations etc. A litigant should not be alarmed and trust that the new judge has got themselves up to speed. For most people, litigation is a rare and confusing experience, for judges it’s just another day at the office.
The wording is a little confusing, but I interpret it as saying the following: Normally, discovery in a court case allows either party to demand documents from the other, to be used as evidence. However, our courts have exceptions; certain documents might be 'privileged against discovery', meaning they couldn't be demanded in that way. If one of those exceptions would apply to a document under court rules, then you can't request it under Freedom of Access either. To know what those privileges are, and how broadly they apply, you'll have to consult the rules of court procedure for your state.
This is a question of civil procedure more so than law. The customs and practices of civil procedure are established by legal precedent, not laws made by legislatures. In general, a witness can answer a question however they want as long as it is responsive to the question. Litigators will attempt to bully a witness into certain types of answers, but this is not "illegal" nor is it "illegal" for witnesses to craft their answers as they like. As for yes-no bullying there are two general cases: (1) The question is factual. If the questioner asks a purely factual question, like "Did you go to the factory on that Tuesday?" then a yes-no answer can be compelled. If the witness tries to explain why he went to the factory, or something, then he can be cut off, because he is being unresponsive. (2) The question is hypothetical. If the question is hypothetical or suppositional, then the witness can reject the question. For example, if the question, "You told your boss that you hated your wife, isn't that right?" In this case the witness can answer, "I reject the question, the prosecutor is putting words in my mouth." or can say "I resent the implication." or "That does not accurately reflect what happened." or whatever. Any time a question "paints a picture" or establishes something hypothetical and simply asks the witness to agree with the fantasy scenario, the witness can refuse to answer, or can answer with a counter scenario which they consider to be more accurate. I would add that in case (2) where a questioner tries to paint a false scenario, it is a risky move, because it opens the door for the witness to say whatever they want. For example, imagine this exchange in the courtroom: Prosecutor: "You told your boss that you hate your wife, isn't that right?" Witness: "What actually happened is..." Prosecutor: "That is a yes or no question, answer yes or no." Witness (to judge): "Your honor, the question mischaracterizes the conversation I had with my boss, I want to explain what actually was said." Judge: "The witness may proceed with his answer." Prosecutor: "I withdraw the question." Defender: "The prosecution has opened the door, let the witness answer." Judge: "The witness will answer the question." So, now the witness has permission to answer however he likes, and the prosecutor has blundered by making a vague question that created the situation where that was possible. The main thing a witness has to do is not try to say irrelevant things or try to add information beyond what was asked for, in that case the questioner can cut them off.