I've got a friend here in Minneapolis who is one of the states top defense attorneys and he has personally gotten of some real freaks, so I trust him.  I always figured I would hire him if I were to get into anything sticky.  

He is essentially my girlfriends husband.  Nobody knows what I really do for work (since I've got a degree it's been pretty easy to tell them I'm just "in advertising" for a big firm).

Here is the question though(I'm hoping it does not sound ignorant but keep in mind I'm relatively new to the "biz"):

If I ask him general questions about the local laws for "erotic massage" and ask him to keep in confidential does he have to do it?  

If he does, does this mean I should phrase it as "I've got a friend who would like to know...", even if he's going to know it's me, just to make him feel more comfortable?

If he does not need to and/or is aloud to keep it confidential, would he be obligated in any way to notify the LE if I just came out and told him it was me who wanted to know or let him know that this is what I do?

Or should I just forget about and simply call him if anything were to happen?

If anyone knows this or has a suggestion for me on how to approach him with this, let me know. I know I'm doing just about everything that I can to keep my nose clean (very UTR, keep very little company and rarely take on new clients) but it would make me feel better to be able to ask him just in case.

-- Modified on 3/23/2009 4:48:36 PM

They would be better able to help you.

Under the Minnesota rules of professional conduct, your friend does have to keep his clients confidential information secret absent some very limited exceptions.  It's called attorney client privilege.  However, from the text of your message, you are not yet his client.  Anything you ask him about now is fair game to tell whomever he likes.  Signing a retainer agreement or better yet, paying a retainer is the threshold where you can be pretty certain your information is yours.

In addition, just because he (or anyone) is your attorney does not mean they can help you in the commission of a crime.  So it's dicey to approach this at best with any attorney.  You might start out generally with, how do people avoid detection in these circumstances?  Or more specific questions like, in the event that someone were to do x, what would be the result?  Even in this vein most attorney's will ask you to cut through the crap and ask you for the background.

Lastly, there is the issue of specialization.  Lawyers, like everyone in a complex world are more specialized than ever.  So if your friend does not practice in criminal law, you might at best get a dumb look, at worst a guess.

I am a licensed attorney in MN and enjoy lurking on this board. Nothing I've said here should be confused with legal advice.

Enjoy,
Wadsworth

If you want legal advice, you need to get a lawyer and ask for legal advice.  Your friend's husband can do it if he's qualified, but you have to tell him the truth.  For that reason, you may want to find another lawyer.

If you see a lawyer, your conversations with that lawyer are confidential.  The lawyer is not free to disclose them to anyone without your consent.  

You should find someone who is qualified in this area and get some good advice.  I would suggest that you ask on the providers' board for suggestions for lawyers, or ask some of the providers that you know.

Not exactly sure about all rules behind ethical practice lawyers must observe but I think you would have to be a client ($ changes hands) for him to keep everything in confidence. Otherwise, if he is just answering questions as a friend he is under no legal obligation.

For $35 the local bar association will schedule a 30 minuute consult with a lawyer who has expertise in the area of interest you specify.  And yes, the consult is completely confidential.

You could also look them up yourself on the MN health department website.
People are very sketchy about whats legal here and what's not.
I can tell you that
The state of MN isn't fully licensed as of yet.
It varies by city/county.
I'd go there first since
1 it's free
2 you can be assured of your privacy.

I've decided to go a different route and look for someone who is NOT a friend.

Just so you all know though, I have no reason to worry.  I deal with 80% regular clients and only have a handful of clients per week at my incall.  I'm mostly just trying to be proactive "just in case".

Thanks for all of the great insight!

No problem I love to help whenever I can.