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Author Topic: What is with agents & attorneys  (Read 3163 times)

TataBox

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Re: What is with agents & attorneys
« Reply #15 on: 07-08-06 at 04:49 pm »

Quote
The A/C privilege attaches when the, even potential, client interacts with the attorney as an attorney.  Thus, the conversation on the courthouse steps, where the attorney gets stopped by someone, is privileged.
As for the fraud, wouldn't this be an ongoing fraud that is an exception to the A/C privilege/confidentiality?  Having said that, I'd also wait for the court to compel.



I think under the ABA and the Model Rules the exceptions would be crime, fraud and attorney client dispute.   Also, I someone was confusing work product doctrine with the attorney client privilege.   Work product is anything prepared in anticipation of litigation.   Attorney client is representation and confidentiality is the broader concept of confidences and secrets disclosed.   Though....I am not entirely sure.   I guess I would have to look it up.
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Bill Richards

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Re: What is with agents & attorneys
« Reply #16 on: 07-08-06 at 06:06 pm »

Yeah, you're right, even in Ohio.
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William B. Richards, P.E.
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biopico

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Re: What is with agents & attorneys
« Reply #17 on: 09-18-06 at 10:08 am »

I recently went to CA and spoke with an attorney.

I was told that 99.9% attorneys are trying to rip off his or her clients.

Can anyone explain what this means?

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Wiscagent

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Re: What is with agents & attorneys
« Reply #18 on: 09-18-06 at 10:24 am »

"... 99.9% attorneys are trying to rip off his or her clients.  Can anyone explain what this means?"

According to the Merriam-Webster Online Dictionary, "rip off" means 1 : an act or instance of stealing : THEFT; also : a financial exploitation.
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Richard Tanzer
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Wiscagent

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Re: What is with agents & attorneys
« Reply #19 on: 09-18-06 at 10:28 am »

"... 99.9% attorneys are trying to rip off his or her clients.  Can anyone explain what this means?"

According to the Merriam-Webster Online Dictionary, "rip off" means 1 : an act or instance of stealing : THEFT; also : a financial exploitation.
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Richard Tanzer
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JimIvey

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Re: What is with agents & attorneys
« Reply #20 on: 09-18-06 at 10:28 am »

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I recently went to CA and spoke with an attorney.

I was told that 99.9% attorneys are trying to rip off his or her clients.

Can anyone explain what this means?

Yeah, I can explain that.  The one attorney you spoke to was an idiot.

Between law school and my 15 years in the practice, I've met thousands of attorneys and got acquainted with a couple hundred or so.  Sure, there are some real obnoxious attorneys out there, but even the obnoxious ones believe they are providing their clients with a valuable service and strive to make the service worth the cost to the client.  By and large, attorneys honestly try to do well for their clients.

That doesn't mean that no attorney will ever try to rip their client off, it just means that it's quite rare and that the 99.9% figure was absolutely ludicrous.

If you ask an attorney who's not an idiot, that's the answer you would receive.

Regards.
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biopico

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Re: What is with agents & attorneys
« Reply #21 on: 09-18-06 at 04:08 pm »

Thanks Jim.  You said I wanted to hear.  It is good to know.  I feel better.  
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Rajeev_Madnawat

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Re: What is with agents & attorneys
« Reply #22 on: 12-10-06 at 04:40 pm »

Well, the state law (if modeled on ABA rules) prohibits any breach of confidentiality (except in few cases.... ). However, working with PTO has a significance too. For instace, if a client tells the attorney something which could be detrimental to obtaining a patent, is the attorney not required to disclose it to the PTO? what state law says doesn't matter when a federal law specifically requires disclosure.

I am not aware of any case where the state bar went after the attorney for disclosing information to PTO. Would be interesting to see one. I guess, as long as Sperry is still a good law, chances are that the state bar will lose.



Quote

The confidentiality limits are state specific.  In many jurisdictions (for example DC) there is no exception allowing the attorney to reveal  client secret to prevent commission of a fraud or other crimes not involving bodily harm, even though the attorney has an obligation not to participate in the crime.  In North Carolina an attorney is allowed to reveal info to prevent commission of a crime or even to correct a past fraud in some cases.  I believe VA rules require the attorney to reveal info to prevent commission of a crime if the attorney cannot dissuade the client.

In some cases federal law may require revealing a confidence that state law prohibits revealing.



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Rajeev Madnawat, Patent Attorney , San Jose, CA

WARNING: This public message board posting is designed for a general discussion on the subject matter. This is not a legal advice.
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