Exceptions and waivers of solicitor-client privilege include, but are not limited to: If solicitor-client privilege applies, the lawyer cannot be compelled to disclose the information discussed with the client. The court cannot force the lawyer to testify against his client or to provide protected information to the other party. In addition, counsel may not voluntarily disclose information subject to solicitor-client privilege. This privilege gives you the peace of mind of saying something to your lawyer and knowing that it is being kept secret. Lawyers need all available information to ensure effective representation. Solicitor-client privilege promotes honest, open and full disclosure by clients to their lawyers. There are certain types of information that your lawyer can (or must) disclose despite the existence of solicitor-client privilege, as explained in more detail below. If this becomes a problem in your case, your lawyer should discuss it with you as soon as possible. As soon as you waive solicitor-client privilege, the floodgates can open. Prosecutors can argue – and rightly so – that privilege no longer protects the information you`ve shared with your lawyer. This could have devastating consequences for your defense. Therefore, it is generally best that you do not disclose the information you have shared with your lawyer under any circumstances (unless you knowingly waive the privilege on the advice of a lawyer).

This is also why law firm websites such as our disclaimers such as „Our website does not create an attorney-client relationship“ include. A lawyer-client relationship only exists when you talk to a lawyer privately and hire the lawyer to represent you. From that point on, almost everything you say to your lawyer (until the end of your engagement) will be privileged – subject to the exceptions described below. Solicitor-client privilege requires your lawyer to protect your confidential information. This requirement exists under the Pennsylvania Rules of Professional Conduct for Lawyers. If your lawyer discloses confidential information in violation of the Code of Professional Conduct, this is a very serious matter that could result in your lawyer being suspended or fired. Whether you`ve been charged with drunk driving, a drug crime, murder, or another crime in Pennsylvania, you need to make sure you know your rights and how to protect them. If you want to learn more, schedule a confidential consultation with The Fishman Firm today.

Solicitor-client privilege does not extend to statements made by a client to his or her lawyer if those statements are intended to promote or conceal a criminal offence. For this exception to apply, the customer must have been committing a crime or criminal offence. The exception may also apply in certain types of civil cases, for example when a customer intends to commit fraud or another crime. (The line between criminal and civil cases can be blurred, as certain behaviors, such as assault, can result in criminal and civil liability.) Solicitor-client privilege protects your communications with a lawyer from being shared with other parties. When you meet with a defense attorney to discuss your criminal case, you can talk openly about what happened without fear that what you say will be used against you in court. It applies whether you are innocent or guilty of the alleged crime. So if you`re going to be sued in Pennsylvania, what do you need to know about solicitor-client privilege? Here are seven important facts to keep in mind: Some questions may not be privileged. For example, the date and time you meet with your lawyer is not privileged. Similarly, parties who have attended a meeting should not be privileged. However, this does not mean that the conversation itself is not covered by privileges. Brian Fishman, a Philadelphia-based defense attorney, has more than 15 years of experience representing clients in criminal cases.

He served as an assistant prosecutor in Philadelphia before entering private practice. To discuss your case confidentially with Mr. Fishman, call 267-758-2228 or let us know how we can reach you online today. Solicitor-client privilege requires a solicitor-client relationship. Just because you say something to someone who happens to be a lawyer doesn`t mean the information you`ve shared is privileged. A lawyer may be required by government ethics to disclose this type of communication. Although non-disclosure does not result in criminal sanctions, it can be sanctioned by the State Bar Association. For example, a lawyer may be asked to report a threat by his client to harm someone else.

You are generally required to disclose any information that would prevent someone else from dying or suffering serious injury. A lawyer may or may not be required to disclose information that would prevent financial loss as a result of a crime. When the client informs the lawyer of the whereabouts of a missing witness or victim or of important tangible evidence, the lawyer must sometimes disclose this information. The privilege applies to all types of criminal matters, including assault, drug offences, impaired driving, murder, theft and sex crimes. After all, solicitor-client privilege isn`t the only privilege you have as a criminal defendant in Pennsylvania. For example, the spouse privilege generally protects communication between married people. In addition, the Fifth Amendment privilege against self-incrimination ensures that you have nothing to say in court that prosecutors can use against you. In general, the following requirements are required for solicitor-client privilege to be attached to a conversation: Offences that frequently occur in this context include offences intended to obstruct an ongoing investigation or prosecution. A client may inform a lawyer of his or her intention to manipulate witnesses or destroy evidence of a crime. They can tell the lawyer that they will get a witness for perjury by lying during their testimony, or they can ask the lawyer to help them by presenting false evidence. In some cases involving financial crimes, falsified income information or concealment of assets may trigger the crime and fraud exception. Privilege is legal protection against the discovery or disclosure of certain evidence or information related to a legal matter by a third party.

This protection applies to communications between a client and a lawyer. This is what we call solicitor-client privilege. However, does the privilege apply to an initial consultation before the person hires the lawyer? As long as the prospective client has sought legal advice, she can reasonably rely on it and the lawyer has not dissuaded her from relying on that advice. As mentioned above, your lawyer is required to protect your solicitor-client privilege. This means that only you as a customer can do without it. While it may be a good idea to waive solicitor-client privilege in certain circumstances, it`s not a decision you want to take lightly. You should only waive privilege if your lawyer recommends it, and you should let your lawyer help you make sure you don`t waive your rights more than is strictly necessary. Second, talk to a Los Angeles defense attorney as soon as possible.

Tell them everything about your case. If you hold back, it could hurt your defenses. Keep in mind that your consultation with a criminal defence lawyer may be protected by solicitor-client privilege. The same applies to documents. If someone else has a copy of a document that you share with your lawyer, that other copy is still there. However, if you or your lawyer prepare a document as part of your representation (i.e. A memorandum discussing possible defences), this document would generally be protected by solicitor-client privilege. Before a privilege can be linked to a conversation, there must be a lawyer-client relationship between the parties.

For example, signing an advance contract or paying the lawyer is usually evidence of a lawyer-client relationship. A lawyer who declares to the court or other parties that he or she is your lawyer is further evidence of an attorney-client relationship. It is important to understand that you may inadvertently waive solicitor-client privilege. There are no specific or „magic“ words required to renounce privilege. In fact, simply disclosing information you`ve shared with your lawyer may be enough to justify a waiver. Solicitor-client privilege allows you to speak openly with your lawyer without fear that your words will be used against you.