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2 Comments
Kima.. is wrong , confidentiality “kicks in” since the moment you talk to the lawyer EVEN if he/she doesn’t take your case. That’s the law.
And yes it’s normal for lawyers to ask if you are guilty or not. That way they know how to prepare your defense; lying to your lawyer is the worst mistake you can do because he/she would prepare the defense based on the wrong information.
That being said, there is no universal rule: some lawyers ask, others don’t.
EDIT
Elements of the Attorney-Client Privilege
“U.S. v. United Shoe Machinery Corp.”
1) the person asserting the privilege must be a client OR SOMEONE ATTEMPTING TO ESTABLISH A RELATIONSHIP AS A CLIENT
(2)
(3)
(4)
(5)
http://www.enotes.com/everyday-law-encyclopedia/attorney-client-privilege
—————————————–
So again, pre-hire interviews are protected by attorney-client confidential privilege even if he/she doesn’t take your case or you just change your mind bout hiring that lawyer.
Technically speaking, your lawyer won’t ask if you are guilty – that is not for you to decide. But I know what you’re asking.
1. Attorney-client confidentiality kicks in the moment the defendant is a client – and it includes pre-hire interviews. It lasts forever. There are rare limited exceptions. For example, if you tell your attorney that you will shoot Bob on Tuesday night, your attorney is obligated to breach confidentiality. (Confidentiality is a matter of professional ethics; attorney-client privilege is a matter of evidence law – two different things.)
2. Contrary to legal television shows, your attorney’s sole job is to be a “zealous advocate.” He is not out to screw you over.
3. Bad clients withhold information. If you keep some fact from your attorney because you “think it is best”, are embarrassed, etc., you are only hurting your own case. For one, the other side will likely find out, and for another, you’re not giving your attorney a chance to prepare. Never withhold any information and never lie to your attorney. Think about it: if you took some illegal street drug and were admitted to the ER, would you withhold your drug use from the physician?