Are retainers discoverable?

Are conversations between attorneys privileged?

The attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to.

Are fee arrangements privileged?

Most courts hold that a lawyer's fee agreements and bills will not be protected by the attorney-client privilege, except to the extent that they reveal confidential information (such as a description of the work performed).

Are expert engagement letters discoverable?

The upshot of the Florida and Federal Rules of Civil procedure is if an expert considered and/or relied on a document or communication in forming his or her opinion, that document or communication is likely discoverable, regardless of whether it would otherwise be privileged.

Are engagement letters privileged New York?

Since the letters reveal no confidential communications from a client to a lawyer for the purpose of obtaining legal advice, they are not protected by the attorney-client privilege.

Are attorney fee agreements discoverable in Georgia?

Attorney-client correspondence is privileged in both directions, as long as confidentiality is maintained. As to all other client documents, if they are discoverable in the hands of the client, they are discoverable from the attorney.

Are fee agreements privileged in California?

The terms of a fee agreement may be protected. In California, they are protected by statute. Business & Professions Code § § 6149 and 6068.

Are attorney billing records privileged California?

In a much-anticipated ruling, the California Supreme Court held on December 29, 2016 that legal invoices are protected by the attorney-client privilege, and therefore, with some exceptions, need not be disclosed under the Public Records Act.

Are attorney time entries privileged?

Dates and file numbers are not privileged because they do not disclose any legal strategy or the specific content of any confidential communication and, to the extent these entries document work performed by an attorney, they do not disclose that attorney's mental impressions or conclusions, opinions, memoranda, notes ...

Is legal advice confidential?

What is legal advice privilege? Legal advice privilege covers confidential communications (written or oral) between a lawyer and their client for the purpose of giving or receiving legal advice. It applies to all advice in relation to a client's legal rights and obligations.

Are consultations confidential?

In general, as long as the prospective client is seeking legal advice or representation and reasonably believes the communication will be confidential, the consultation is privileged. This is so even if the would-be client never pays or hires the attorney.

Is a retainer a contract?

A retainer agreement is a long-term work-for-hire contract between a company and a client that retains ongoing services from you (as a consulting business) and provides you with a stable amount of payments.

Is work product privileged?

Generally, work product is privileged, meaning it is exempt from discovery. However, there are exceptions. Work product is divided into two categories: ordinary and opinion.

Are communications with accountants privileged?

Communications between a taxpayer and a nonlawyer accountant acting alone are not covered by the attorney-client privilege. Therefore, if a taxpayer brings an accountant along to a meeting with the taxpayer's attorney to provide emotional support or advice, the conversations in the meeting are generally not privileged.

Are emails between lawyers discoverable?

Emails are discoverable, unless they are subject to the Attorney Client or Work Product Privilege. It is important to note that forwarding a privileged email to a party outside of the attorney client relationship will likely result in the waiver of the privilege. Emails of in-house counsel are especially sensitive.

Are consulting experts discoverable?

Depending on the jurisdiction, a consulting expert's identity may not be discoverable. In other words, the work of a consulting expert need not be disclosed to the opposing party, whereas the testifying expert's opinions, notes, and work product are all discoverable.

Are emails with experts discoverable in federal court?

Under the federal rules, then, email communications between the expert and attorney are no longer discoverable, provided the email communication does not fit within one of the three exceptions (compensation, facts or data considered, or relied-upon assumptions).

Is privilege the same as confidentiality?

Confidentiality can be defined in terms of a counselor's duty not to disclose information about their client, while privileged communication in a counseling context can be defined in terms of a client's privilege not to have their counselor disclose information about them in a legal setting such as a court of law.

Can a client assert attorney-client privilege?

“You can assert the lawyer-client privilege against anyone who is privy to confidential communications with your attorney—even if that person was not a party to the attorney-client relationship.

What is the difference between the duty of confidentiality and the attorney-client privilege?

The duty of confidentiality is much broader than the attorney-client privilege. As explained above, the duty of confidentiality applies to ALL information the attorney has about the client; it is not limited to conversations between the attorney and the client.

What should you not say to a lawyer?