i realize that what i don't know about the law can fill up libraries (and it does) , but i know if you tell your lawyer," i did it", your lawyer can not allow you to get on the stand and say, "i didn't do it" , the'd be suborning perjury . so if your story is ." i didn't do it " and you want to go to trial, don't ever say otherwise. to your lawyer , baby momma or daddy, or your cell mate!
Why does an Officer of the Court engaged in public defense not seem to have the privilege and immunity of filing class actions on behalf of the disenfranchised (even in criminal cases)?
The law in the USA tend not to be practiced has it should... That is my observation, & one family Court Veteran lawyer agrees with my findings. I have a Public Policy/Humam Rights specialist & have served in major organizations law related aspects, including gov't. Somehow re-structure is calling.. "Best practices to preserve the attorney-client privilege. There are several things you (and your business colleagues) can do to ensure the best possible outcome with respect to protecting the privilege: The most important thing you can do is to be sure to properly label communications that meet the test for attorney-client communications. The document/email should be labeled “Attorney Client Communication - For Purpose of Legal Advice.” Be sure that the document/email clearly states that the person is seeking legal advice or that you (as attorney) are responding to a request for legal advice, e.g., “I am providing you legal advice regarding [X], or “I am seeking your legal advice regarding [Y].” Be sure that any attachment you are being asked to review (or have reviewed and are sending back to the client) is also properly labeled, i.e., “Privileged and Confidential - Legal Advice/Review Sought.” This will give you a better opportunity to claim that the privilege applies to both communications. It may sound a little silly, but using seven or eight words to clearly state in the cover note/email or on the face of the attachment that legal advice/review is the purpose of the communication can go a long way in convincing a judge that the privilege should apply. If legal advice is being sought in any email or a memorandum, be sure that the business puts the lawyer in the “to” line vs. the “cc” line. It is difficult to argue that the privilege applies when it appears that the lawyer is not the primary recipient of the communication. Limit circulation of legal advice and privileged communications internally to those that need to know. Keep the communication confidential and do not permit the legal advice to be circulated outside the company. Don’t claim the privilege when it’s not applicable. Not all of your communications are privileged. If you or your colleagues are incorrectly labeling everything as “attorney-client communication” you can blow your chances of keeping truly privileged documents safe because a judge will, quite frankly, not believe you on the ten actual privileged documents when there are dozens or hundreds of incorrectly labeled documents. Write smart regardless of your level of confidence that the attorney-client privilege applies. You should always anticipate that anything you write may ultimately end up in the hands of your adversaries. Know the applicable laws in your state regarding the attorney-client privilege. Everyone on the legal team should know and understand the basics. Be zealous in your review of documents in production for litigation and if you think the judge got it wrong, strongly consider appealing the judge’s order and moving for a writ of mandamus if necessary. Understand that outside the United States privilege issues get tricky and you should be very careful with respect to what you think might be a privileged communication. Train the business on all of the above and find teachable moments when you see something that jeopardizes the privilege or is not a proper use of the privilege." Source: Online SterlingMiller2014.Wordpress.com Also i suggest to cross read or watch video on:: " In-House Attorneys".
i realize that what i don't know about the law can fill up libraries (and it does) , but i know if you tell your lawyer," i did it", your lawyer can not allow you to get on the stand and say, "i didn't do it" , the'd be suborning perjury . so if your story is ." i didn't do it " and you want to go to trial, don't ever say otherwise. to your lawyer , baby momma or daddy, or your cell mate!
Why does an Officer of the Court engaged in public defense not seem to have the privilege and immunity of filing class actions on behalf of the disenfranchised (even in criminal cases)?
The law in the USA tend not to be practiced has it should... That is my observation, & one family Court Veteran lawyer agrees with my findings. I have a Public Policy/Humam Rights specialist & have served in major organizations law related aspects, including gov't. Somehow re-structure is calling..
"Best practices to preserve the attorney-client privilege. There are several things you (and your business colleagues) can do to ensure the best possible outcome with respect to protecting the privilege:
The most important thing you can do is to be sure to properly label communications that meet the test for attorney-client communications. The document/email should be labeled “Attorney Client Communication - For Purpose of Legal Advice.”
Be sure that the document/email clearly states that the person is seeking legal advice or that you (as attorney) are responding to a request for legal advice, e.g., “I am providing you legal advice regarding [X], or “I am seeking your legal advice regarding [Y].” Be sure that any attachment you are being asked to review (or have reviewed and are sending back to the client) is also properly labeled, i.e., “Privileged and Confidential - Legal Advice/Review Sought.” This will give you a better opportunity to claim that the privilege applies to both communications. It may sound a little silly, but using seven or eight words to clearly state in the cover note/email or on the face of the attachment that legal advice/review is the purpose of the communication can go a long way in convincing a judge that the privilege should apply.
If legal advice is being sought in any email or a memorandum, be sure that the business puts the lawyer in the “to” line vs. the “cc” line. It is difficult to argue that the privilege applies when it appears that the lawyer is not the primary recipient of the communication.
Limit circulation of legal advice and privileged communications internally to those that need to know.
Keep the communication confidential and do not permit the legal advice to be circulated outside the company.
Don’t claim the privilege when it’s not applicable. Not all of your communications are privileged. If you or your colleagues are incorrectly labeling everything as “attorney-client communication” you can blow your chances of keeping truly privileged documents safe because a judge will, quite frankly, not believe you on the ten actual privileged documents when there are dozens or hundreds of incorrectly labeled documents.
Write smart regardless of your level of confidence that the attorney-client privilege applies. You should always anticipate that anything you write may ultimately end up in the hands of your adversaries.
Know the applicable laws in your state regarding the attorney-client privilege. Everyone on the legal team should know and understand the basics. Be zealous in your review of documents in production for litigation and if you think the judge got it wrong, strongly consider appealing the judge’s order and moving for a writ of mandamus if necessary.
Understand that outside the United States privilege issues get tricky and you should be very careful with respect to what you think might be a privileged communication.
Train the business on all of the above and find teachable moments when you see something that jeopardizes the privilege or is not a proper use of the privilege."
Source: Online SterlingMiller2014.Wordpress.com
Also i suggest to cross read or watch video on:: " In-House Attorneys".
Are there any exceptions to this privilege?