As a general rule I will share with family members anything that they could discern for themselves on line. Here in Miami that includes the charges (not the facts and circumstances underlying the charges, just what the actual charges are), the procedural status of the case and upcoming court dates. The reason for this is because of my limitation on disclosure by way of the “attorney-client privilege”.
Unless and until the client gives me authorization to speak to a 3rd party (which oftentimes includes spouses or people who are in fact paying the client’s legal fees) the rules of professional conduct prohibit a lawyer from discussing the facts, circumstances, strategy, defenses and anything other than that which is readily available and is otherwise public information with anyone other than the client.
Here is an example of what I mean. The following language is taken from an actual client contract:
“Attorney has been retained by__________, Client’s mother. Although Client’s fees are being paid by Client’s mother, and although both Client and his mother expressly understand and agree to the proscriptions as contained in Rule 4-1.8(f), R.R.F.B. (i.e. that although Client consents to a third party paying his fees and costs, such third party is not the Client and she cannot in any way interfere with the Attorney-Client relationship), and although Client and his mother further understand that any and all information relative to the representation of Client remains protected by the rules governing confidentiality – i.e. Rule 4-1.6, R.R.F.B.), Client has expressly waived the same and specifically authorizes Attorney to freely communicate with his mother in regard to any and all aspects of the representation.“
Formal language like that is not necessarily required but a responsible lawyer will at least need for the client to directly tell him that it is okay to speak freely – or even with some restriction – with anyone else about the case.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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Remember: At Michael A. Haber, PA, it’s all about reasonable doubt!
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