Alethea Dice
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- Feb 18, 2012
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Just throwing this out there.... Would lack of payment negate client privilege? Would it be possible that DP perhaps could be called as a witness if payment was not paid? Not sure on legalities of this...Asking the question...
Could this be the conflict that is being questioned by the defense?
JMO MOO
I believe that solicitor-client privilege and confidentiality continues until such time as the client waives it. Of course, that's keeping in mind that there is a difference between communications and actual physical evidence, and that there are a few exceptions such as when there is a threat to public safety or the innocence of the accused is at stake.
Your duty of confidentiality protects all information about current and former clients. The
death of a former client does not alter this duty of confidentiality which persists after the
end of the retainer and survives the clients death.
My client fired me. She is now alleging that I forced her into a settlement
when I was her counsel. She is not suing me. She is involved in
enforcement proceedings with respect to the settlement. The lawyer
opposing my former client wants me to give evidence about the advice I
gave her and the instructions I received leading up to the settlement. May I
answer these questions?
Solicitor-client privilege and the duty of confidentiality survive the end of the lawyer-client
relationship. The client may waive the privilege or the duty in an expressed or implied
way.
http://www.cba.org/cba/activities/PDF/Privilege%20FAQ%20Eng%20-%20final.pdf