Waiver The Basic Rule In contrast to the duty of confidentiality, the attorney-client privilege is the evidentiary principle that confidential communications between attorneys and their representatives and clients and their representatives and even prospective clients that are made for the purpose of obtaining or rendering legal advice, and not in furtherance of a crime or fraud, cannot be compelled. A representative of the lawyer is generally a person employed by the lawyer to assist the lawyer in rendering professional legal services. The representative of the client is a more complex concept because clients who are organizations must act through individuals but yet not all individuals involved with an organization should be seen as having the power to engage with the lawyer so as to invoke the privilege.
Usually, the intake process will represent the first working relationship you have with your new client.
Therefore, it is important that you make a very good first impression. A good first impression could mean the difference between a satisfied client and a soon-to-be disgruntled client. Creating a good first impression applies both to the style and the substance of the client intake process.
Pre-Screening A good base for creating a successful first impression with your client intake process is by pre-screening the process. The pre-screening process can be accomplished in various ways.
|The Virginia State Bar||However, if the crime involves perjury by the client, the attorney shall take appropriate remedial measures as required by Rule 3. When the information necessary to report the misconduct is protected under this Rule, the attorney, after consultation, must obtain client consent.|
|Attorney-Client Interviews||Interviewing a client is the first step in judging whether a good attorney-client relationship is likely. It reveals whether the parties have the same expectations for representation and whether they are capable of sharing open, honest communications.|
|A lawyer shall be responsible for a violation of the Disciplinary Rules by another lawyer or for conduct of a non-lawyer employed or retained by or associated with the lawyer that would be a violation of the Disciplinary Rules if engaged in by a lawyer if: The lawyer orders, or directs the specific conduct, or, with knowledge of the specific conduct, ratifies it; or 2.|
Questions regarding whether the client has ever worked with an attorney, and the nature of the matter the client is seeking help with, can better help you prepare for the intake process.
If after pre-screening you determine that the client, for whatever reason, is not a good fit, you can refer the client to other attorneys, saving you and the client time, while preserving any potential future references from the client. Your staff should be aware of this fact. From a law management perspective, your practice should also have a clear and written intake protocol.
Initially, the protocol will properly be developed from a common sense perspective, but be sure to update the protocol periodically, including any feedback or suggestions you may receive from clients and your staff.
Also, make sure that your staff is familiar with, understands, and follows your intake protocol. Intake Protocol A good intake protocol will include and address both administrative and practice management concerns. To ensure uniform application of your intake protocol, a periodic staff refresher on the intake process is highly advised.
Intake Forms Identifying just how much information to request on a client intake form can be a tricky proposition. On one hand, your client intake form should require as much information as necessary to adequately allow you to represent the client.
Conveniently, most commercial office management programs come with intake templates and modules that you can adopt for your practice. This, of course, does not prevent you from devising your own customized intake forms. If you choose the customized route, there are few rules to keep in mind. Your intake forms should require a mix of personal and matter-specific information.
It is also usually a good idea to develop specifically customized client intake forms to reflect the type of client and the nature of the matter you will be handling. For instance, your client intake form for a business or corporate client should differ from an intake form for a personal client, since the two clients are different types of entities.
Likewise, a bankruptcy matter may require information not necessary to a tort matter.How to Conduct an Attorney Client Interview. Topics: Question, Ice, Tell Pages: 1 ( words) Published: April 28, A vital part of beginning an attorney-client relationship is the interview that takes place between an attorney or paralegal and a prospective client.
This is the time for the client to get to know you, and for you to gain. The attorney-client privilege is more limited than the ethical obligation of a lawyer to guard the confidences and secrets of the client. This ethical precept, unlike the evidentiary privilege, exists without regard to the nature or source of information or the fact that others share the knowledge.
a course of conduct contrary to the advice. If the client has plenty of insurance, this also will determine, to some extent, the client’s character and stature in the community. 9.
Has the client had contact with any insurance companies? If the incident happened quite some time ago and there has been no contact with the client’s own carrier, you should question why. Current Rules of Professional Conduct, State Bar of California. The Rules of Professional Conduct (effective on November 1, ) were approved by the California Supreme Court on May 10, by Supreme Court Administrative Order Rules of Professional Conduct (download PDF of all Rules).
Rules Cross-Reference Table (Current Rule to New Rule, New Rule to Current Rule, New . Interviewing a client is the first step in judging whether a good attorney-client relationship is likely. It reveals whether the parties have the same expectations for representation and whether they are capable of sharing open, honest communications.
The attorney-client privilege encourages clients to disclose to their attorneys all pertinent information in legal matters by protecting such disclosures from discovery at trial. The privileged information, held strictly between the attorney and the client, may remain private as long as a court does not force disclosure.