Attorney Client Privilege for Transactional Lawyers
What you might not know about privileged communication
The court considers any conversation you have with a lawyer privileged, right? Many people hold this opinion and are, unfortunately, incorrect. Simply having a lawyer involved in a transaction does not mean you can keep information out of court.
Problems arise when your business attorney in Orange County handles business transactions for you, in addition to providing legal counsel. Transactional lawyers often address business and negotiation concerns for their clients to which the law does not grant privilege protection.
Make sure to discuss your confidentiality concerns with an Orange County business law attorney can address your situation.
Defining legal services
Transactional attorneys often offer clients what the court considers "non-legal services." Business law firms offer their clients the benefits of commercial and legal knowledge. The information and counsel that they give them is either privileged or not, depending on the content and context of the communication.
Each court may rule on issues of attorney client privilege on its own discretion. Transactional lawyers are more likely to face privilege questions because the court considers their actions as a legal advisor and a non-legal advisor separate. If they base their advice and conversation on legal repercussions, it is a protected conversation.
Protect your rights
You and your attorney must be thorough in confidentiality discussions. Address your concerns about privileged versus non-privileged information in your initial consultation.
A quality Orange County business lawyer will advise you of what conversations the court may not deem confidential. You must carefully select who represents you:
* Choose someone who is familiar with California laws because privilege rules can vary by state
* Discuss with your attorney the advice you are looking for
* Make sure to document what you are retaining an attorney for clearly
* Consider seeking business advice elsewhere
* Consider having a person accompany you to your attorney for the express purpose of offering business advice
You must carefully protect your communication with all attorneys. Seek out a qualified Orange County business law firm to serve your transactional and legal needs.
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