Say you did something wrong, you got scared you would be found out, so you contacted a legal firm for advice and spilled your guts. But, you never get found out. Can the lawyer report you to the police? I was reading murder mystery and it got my enquiring mind spinning! I am pretty sure a priest can't report you, but I wonder about lawyers.
2006-12-28 16:41:55 · 16 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
At issue here would be the attorney-client privilege. According to the attorney-client privilege theory, any communication you have with an attorney while conducting business with that attorney would fall under the protected category.
The issue would be the manner in which you were communicating with an attorney. If it was a formal meeting, held at the office of the attorney, it would most likely be protected. If it was informal, it might not be as protected.
The main key for the issue would be whether or not the attorney saw himself as being your legal adviser (whether paid or unpaid at the time). That is why it is key that, when speaking with an attorney about a legal matter, you ensure that they understand you wish the conversation to be covered by the attorney-client privilege.
Finally, most attorneys will automatically assume that when discussing something of a legal nature with anyone who is or might be a potential client, they consider it a business transaction so that it does fall under the protections of attorney-client privilege. This is as much to reassure the mind of the client as to keep the attorney in the safe regarding future ethics issues.
Hope that helped you understand the concept!
-Saffyre
2006-12-28 20:21:07 · answer #1 · answered by the_vampiress_saffyre 2 · 0⤊ 0⤋
Actually, a priest is more likely to report you than an attorney. Did you retain this attorney for said case? When you speak of murder, did you kill someone? Truthfully an attorney has an ethical obligation to get you to confess and do a plea bargain. A priest is required to report a murder. Just like a shrink is obligated to report an on going crime, like child abuse or a killing. If you stole from the candy jar at the local store a priest, attorney or shirnk is not obligated to report such a crime. An attorney can withhold information from the state in order to protect his/her client as it protains to a criminal case.
Take Care
2006-12-28 16:56:52 · answer #2 · answered by Anonymous · 0⤊ 0⤋
before you talk to a lawyer be sure and make it clear it is in confidence and he extends the client relationship. Even that may not be enough because often the lawyer will leak information to make points with the DA. Justice is blind for a reason and that is that the system plays on innocent people who believe the junk on TV. IN reality the system works to generate the best results for both the lawyers and judges. Have you ever looked into the people who preside over the courts. They are ex prosecutors and lawyers who are rewarded for political favors and buy the judge ships.
2006-12-28 16:51:04 · answer #3 · answered by hardnose 5 · 0⤊ 0⤋
As long as you were consulting with the lawyer in professional manners (i.e. you were paying them to give you legal advice), the lawyer can't really report you. Client-attorney privilege.
Of course, the lawyer could tell the police. But the evidence might likely be inadmissible in court. And the lawyer would face some serious punitive action from his/her state bar association (quite possibly having his/her license suspended or even permanently revoked).
2006-12-28 16:53:03 · answer #4 · answered by Target Acquired 5 · 0⤊ 0⤋
Lawyers cannot reveal what they learn from a person seeking legal advice. They are bound by the ethical rule of confidentiality. and the lawyer client privilege. There are specific exception. a lawyer cannot assist in the the commission of a future crime. anything in the past is protected.
2006-12-28 17:05:19 · answer #5 · answered by illusionaryr 2 · 0⤊ 0⤋
If you retain the attorney he cannot report you because of the attorney/client privilege. If you have not retained the attorney (paid him) and he isn't working for you, he can report you.
Even if you have retained an attorney, he can still report you if you confess to planning on committing a crime in the future (as can a priest!).
So, short answer: if you have an attorney working for you, you can tell him anything that has already happened and you're safe (or he gets disbarred).
2006-12-28 16:47:08 · answer #6 · answered by pinwheelbandit 5 · 2⤊ 0⤋
No. A lawyer must keep your past secrets quiet even after you die no matter what. However, any future crimes you intend on committing that will hurt someone may be divulged. I can only speak for California law.
2006-12-28 17:43:21 · answer #7 · answered by Erik B 3 · 0⤊ 0⤋
No. It's lawyer-client confidentiality. But he cannot lie either. He will probably try and convince you to plea to something lesser, or make some deal.
2006-12-28 16:48:11 · answer #8 · answered by Becca 5 · 0⤊ 0⤋
Yes the Lawyer can, but that's why typically they avoid asking questions like that.
They're in it for the money =)
2006-12-28 16:45:07 · answer #9 · answered by Nate 2 · 0⤊ 0⤋
If you are a client of theirs. You are protected under client/lawyer privilege
2006-12-28 16:47:52 · answer #10 · answered by Cherry_Blossom 5 · 0⤊ 0⤋