When a Weld County, Colorado, attorney communicates with his or her client, that communication is normally protected through our Attorney-Client Privilege laws. In the history of law, Attorney-Client Privilege is one of the oldest recognized privileges. This protection allows for attorneys and clients (or prospective clients) to communicate without having to disclose the contents of those communications to another. Below, our top Weld County attorneys at the O’Malley Law Office discuss four, key facts about Attorney Client Confidentiality:
#1 Rule 1.6 of the Colorado Rules of Professional Conduct – Greeley, Colorado, Attorney’s Duties to Attorney-Client Confidentiality
In Greeley, all attorneys are bound by the Rules of Professional Conduct. These rules state how an attorney is to conduct themselves ethically and legally. In regard to Attorney-Client Privilege, Rule 1.6 of the Colorado Rules of Professional Conduct states:
(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:
(1) to prevent reasonably certain death or substantial bodily harm;
(2) to reveal the client’s intention to commit a crime and the information necessary to prevent the crime;
(3) to prevent the client from committing a fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer’s services;
(4) to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client’s commission of a crime or fraud in furtherance of which the client has used the lawyer’s services;
(5) to secure legal advice about the lawyer’s compliance with these Rules, other law or a court order;
(6) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer’s representation of the client;
(7) to detect and resolve conflicts of interest arising from the lawyer’s change of employment or from changes in the composition or ownership of a firm, but only if the revealed information is not protected by the attorney-client privilege and its revelation is not reasonably likely to otherwise materially prejudice the client; or
(8) to comply with other law or a court order.
(c) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.
#2. What Is Attorney-Client Privilege and What Types of Communication are Covered in Weld County?
For a communication to fall under Attorney-Client Privilege in Weld County, it needs a few things to qualify. First, it needs to be only between an attorney and their client or potential client. The presence of others destroys the confidentiality. Secondly, the communication was in confidence between the client and their attorney. And lastly, it was legal advice or the client seeking legal advice. It is important to note that even if this communication is heard by office staff, paralegals, or other people employed by the attorney, it is still privileged information.
The types of communication that fall under Attorney-Client Privilege are phone calls, emails, letters, text messages, and in-person meetings. Any of these communications are considered confidential and the attorney may not disclose any of this information without their client’s permission.
#3. Why is Attorney Client Confidentiality Important in Erie and Windsor, Colorado?
Attorney Client Confidentiality in Erie and Windsor is important to the relationship between attorneys and clients. Without the confidence that the information they share is confidential, a client may not give their attorney all the information regarding their case and the attorney would not be able to use all the facts involved to represent them to the fullest. The attorneys at the O’Malley Law Office know that having their clients trust, and being able to have all the facts in the case, are necessary to achieve the best outcome possible.
It is important to note that Attorney-Client Privilege extends to initial consultations, even if the client does not end up hiring the attorney. This confidentiality extends even in death; attorneys are still held to the duty of Attorney Client Confidentiality if their client has died.
#4. What are the Exceptions to Attorney-Client Privilege in Weld County?
There are generally two exceptions to Attorney-Client Privilege in Weld County. The first exception is in Bankruptcy. During a Bankruptcy, it is generally thought that the communication between attorney and client is meant to be confidential. But if the person filing Bankruptcy seeks to trick, manipulate or defraud the court and creditors, attorney – client confidentiality stops. Another situation is if the client accuses his attorney of wrongdoing, the attorney can defend themselves, even if they need to reveal private communications with their client. A common second exception is when within the communication the client intends to commit or carry out a crime or fraud. The attorney has the burden of proving that the client was intending to seek advice and protection under Attorney-Client Privilege, while wanting to further a crime or fraud. No privilege should shield the attorney from an obligation to prevent serious crime or injury to another.