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Recent Client Privilege questions

I have a contract with a local private school. Nine days

I have a contract with a local private school. Nine days into the school year, the Director and I agreed that it was in the best interests of all parties to withdraw my child. The Director agreed to release us from the contract. Two weeks later, I finally received a 3-page Release Agreement full of what I would call "legaleeze" and I just want to make sure that although I do not completely agree with some of the statements, by signing it I am not setting myself up to wind up paying the $****** "settlement" for breach of contract in the future. I want to believe that since we had a good relationship up until it soured somewhat right there at the end, the school would not be that vindictive, but reality tells me people are not always that nice, especially when they go to the trouble of getting what was obviously legal counsel to draw up this agreement. There is also essentially a "gag agreement" - we cannot discuss the dissolution of our contract with anyone or disclose any details of it, and if any of our "immediate family members" say anything disparaging about the school, we will be subject to the settlement. Am I being paranoid, what would be the usual procedure to amend such an agreement, preferably without upsetting the other parties?

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Ely

Counselor at Law

Juris Doctor

64,554 satisfied customers
Is this conversation considered attorney client privilege?

Is this conversation considered attorney client privilege?JA: What state are you in? It matters because laws vary by location.Customer: IlJA: Has anything been filed or reported?Customer: I got a ticket from city of oak forest for dog at large ,no tag, no license. Total $600JA: Anything else you want the lawyer to know before I connect you?Customer: No

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P. Simmons

Attorney

Doctoral Degree

35,698 satisfied customers
I am married, I own a home in Hawaii that I inherited from

HelloJA: Hello. What seems to be the problem?Customer: I am married , I own a home in Hawaii that I inherited from mother years before I got married . My spouse and I want to move to California . A community property state ) if I sell my current home in Hawaii and buy another to replace it in ca. Is it safe from my spouses bankruptcy filing that he will do in ca ?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: I did . Hawaii / Ca.JA: Has anything been filed or reported?Customer: No what's that mean ? He's never been on any paperwork regarding my home noJA: Anything else you want the lawyer to know before I connect you?Customer: No

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AttyHeather

Attorney

Juris Doctorate

988 satisfied customers
Cliffs notes. My business partner in South Dakota hired a

Cliffs notes.My business partner in South Dakota hired a lawyer, he has done work for our business and is handling his divorce. We found his lawyer failed to send a request for discovery 90 days after having it done and failed to send 3 out of 4 approved offers to his wife's attorney and lied by blaming it on her counsel which wasn't the case.Basically he is over billing for work he never did, failed to follow the instructions of his client, deceived his client as to what he was doing and in general didn't operate in the best interests of his client.He has been billed for this along without business items. As an example we have noticed he has billed us 3 hours for a 15 minute phone call.It seems the lawyer has opened a new business and no longer put much energy into his legal practice(with one other partner.)http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents.htmlIt looks like Our lawyer violated, there is still a $2000 open bill but I don't think anybody should have to pay for offers he failed to send and we should file a complaint against him to the bar.1.11.31.4-1-2-3-5b3.23.4-a-d8.4-*/1-cI know I need to write a letter here but what should I say or not say to make my complaint effective and easy to understand.http://www.statebarofsouthdakota.com/p/cm/ld/fid=45The State Bar of South Dakota222 E.CapitolPierre, SD 57501Thanks,

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CalAttorney2

Attorney

Doctoral Degree

20,220 satisfied customers
To what extent is the attorney-client privelage

To what extent is the attorney-client privelage "enforceable"? I have a situation where I need to use some communications between my attorney and I as evidence and need to know what the ramifications of this are, can I do that? I've had two attorneys over the last year and the first one was a good guy, we both agreed that I would be in better hands with someone more aggressive so I was handed off to the second attorney. Long story short, the second one didn't represent my interest at all, I've got a great malpractice claim against hi and he dropped me just after he served the petition, I never had a chance to argue against it because he gave me the wrong date for the hearing on his motion to withdraw, it's been crazy. But one of the items I'm concerned about is the use of communications from both attorneys. For example, I have a few emails from the first attorney where we talk about how the second attorney told us both that he was going to be arguing against an eviction among other things, then I have a few emails from the second attorney where he says the same thing but ended up making a deal with the defendants attorney one week before to not contest the eviction in exchange for him dropping me as a client. I've actually got an email from him where he flat out admits to making that deal. So now I'm in the process of motioning for a continuance right now and I need to know if I can even use these messages. Can I use just a few of them but not waive my attorney client privelages completely or can I not use anything from the attorneys?The defendants attorney has just filed a motion for a protective order and one of the items he focuses on for a reason is that I've had two attorneys who have dropped me, well, I can prove that he was the cause of thus last one dropping me but he is claiming that I cannot use this message unless I waive my privelages fir that attorney. The message is short, can I really not use it in my response to his motion?

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ScottyMacEsq

Doctoral Degree

22,706 satisfied customers
I am a criminal defense attorney and I wanted to see if you

Hello. I am a criminal defense attorney and I wanted to see if you agree with my thinking.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: Lastly, which is another wrinkle, I do disclose information to them that also may be considered to be covered. For example, in order to get funds for an investigator we are supposed to tell them the theory/goal of the defense and we are supposed to notify them if that changes. I always say the goal is to minimize the consequences to my client. They want to know how many witnesses the investigator has to talk to, but at least they don't ask for the names!! Am I correct in asserting the privilege? I finally finished! Sorry my question came in four parts! ThanksJA: Have you talked to a lawyer yet?Customer: Yes. One of my friends. I wanted another opinion. Aren't you a lawyer?JA: What advice did they give you? Anything else you think the lawyer should know?Customer: The other attorney agreed it was not covered. He is also on this CAAP panel. I think they do a lot of things that I think is against the law. Question, if they just pay us, are they covered? Do any of the responses I make to them re: what investigation is needed violate the privilege, so I have already violated the privilege. Thanks

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,174 satisfied customers
I received a letter from Aflac special investigations unit

I received a letter from Aflac special investigations unit for insurance claims several years back. I do not have the paper work to back them up. I got a certified letter. I have not answered them. What will happen?

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Asad Rahman

Attorney

J.D.

3,192 satisfied customers
I have a concern that bothers me due to the very definition

I have a concern that bothers me due to the very definition of client-attorney relationship. I have asked for a free consultation to a potential case and fill out a brief explanation of the case online. The attorney called me and asked me to send the medical records to her to see if, I have a case or not, tough she also stated that does not mean that we have a client-attorney relationship established. As I considered a normal reaction of thought, that throws a red flag to me because if, this attorney decides no to take my case for whatever reason, she would have knowledge of all my information regarding a potential case. I think it could be detrimental for my cause if, the information she was given access to, without a client-attorney bonding relationship, could end up in the wrong hands meaning the possibility of that attorney to know the party I'm trying to bring a lawsuit. Any insight will be deeply appreciated.

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Ely

Counselor at Law

Juris Doctor

64,554 satisfied customers
After using one law firm, can not use same law firm in case

After using one law firm for mediation, can not use same law firm for litigation in case does not reach to agreement?

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CalAttorney2

Attorney

Doctoral Degree

20,220 satisfied customers
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