Hypothetically, if I'm with a provider and for whatever reason we are busted or interrogated by LE, can I assert atty-client privilege if I have done legal work for the provider in the past?

Kind of a ridiculous question, but I'm genuinely interested.

If not, then practicing law without a license would be a greater concern.

Nevertheless, being a lawyer does not give one license to break the law.

You would also know that you can not be forced to give any testimony to the police if doing so would place you in jeopardy of incriminating yourself.

That is always the best tact to take when face to face with LE.

(still not a lawyer)

performing legal work, your rather naive question would indicate that you have not yet taken your first class.

As as layperson, I also might point out that your fifth ammendment rights as regards to selfincrimination are at least as valid a reason to keep your mouth shut as attorney/client priveledge.

It would however give the arresting officers something to laugh about for weeks. I can see it now. "Yeah we busted this guy with his pants down, screwing a hooker, and this dumbshit tried to invoke Attorney/client priveledge." ROFL

Sorry to pick on you, but even you admitted it was a rather ridiculous question.

and is owned by the client, not the atty, which means that the client can destroy it by accident or design, and can revoke it.  You may be referring to the duty of confidentiality, which requires the attorney to refuse to answer questions regarding the client subject to way too many exclusions and limitations by jurisdiction to list here. The most important distinction is that everyone, not just attorneys, have a right to refuse to answer questions.

Invoking the privilege on behalf of the client would only apply to court (or depo, GJ or the like), though, and only includes legally protected communications and actions.  Fucking her for money would not qualify. (there's a lawyer joke there, but it's been a long day in court for me - someone else can have it).

Good luck, and it would be better to just STFU when LE comes knocking.



-- Modified on 3/4/2008 2:23:28 PM

most states these days have ethical standards relating to sleeping with clients.  If you are representing a provider, you better not be having sex with her as far as the bar is concerned.  But what the hell!.

P.S. D. Chicken is right on re privilege belonging to the client.

What's the only diferance between a lawyer and a hooker?

Only the hooker will kiss you while you are getting screwed!
GT