Finding a lawyer and confidentiality

[gigi_gypsy]

I have a lawyer on retainer and he is a douche. I felt like I had to pay him because I told him why I needed one and needed to be a client for him to retain confidentiality.

I tried to ask him questions about City Laws pertaining and again - such a douche - and I do not want to work with him.

Anyway, I would like to find a lawyer to work with and just keep the douche lawyer to get me out of jail if need be.

So, my question is - how do I find a lawyer I like? If I tell them why I am seeking their service and decide not to use them, is the information confidential?

[slowlick]

Attorney-Client Privilege would cover all communications with your attorney. You tell them you're an escort and put them on retainer for their representation, that's covered.

1. What is not covered is if you disclose you have no other means of support and they would be paid from the proceeds or your activity. In other words, have another job or source of income when you retain them.

2. The crime-fraud exception also applies when clients have used their lawyers’ services to commit a crime or fraud. In your instance, this translates to paying for their services with criminal activity (trading services).

If you don't breach one or two, they can't disclose without losing their license and no lawyer is going to flush their license to help the cops convict an escort.

I would investigate them specifically to discover their experience level in representing other escorts, and their success in court. Both are public record. Additionally, most of these cases involving a lawyer, never go to trial. A good attorney will attack the evidence and circumstances surrounding the arrest and beat the ADA into submission. They might dismiss but not drop the charges and that's fine cause your not in jail and there's no record of conviction to be used at a future trial until you're found guilty and sentenced. ADAs are successful because police can lie and they pressure defendants with additional charges and scare tactics. Learn about the rules of evidence, it's a class every escort should take.

--This communication does not constitute "legal advice", nor does it form an attorney-client relationship. This communication is provided for the purpose of general informational purposes only. Additional facts and information pertaining to the relevant question above could significantly change this response and make it inapplicable to your personal circumstances.--

[dickus]

I'm not an attorney licensed to practice in any state but I do have a law degree from a top-tier university. Left out of this discussion is the fact that the attorney-client privilege will not operate to forbid a lawyer from disclosing that the client INTENDS to commit a crime. In other words, if the attorney is advised that the client intends to commit acts x or y in violation of the criminal code, he is under a duty to disclose that intention to the authorities.

Not legal advice, either. Check with your local Douchebag-at-Law.

[slowlick]

You are correct. You can freely discuss with your attorney past criminal acts but not future criminal acts. I figured that was self evident and should have included it.

Originally Posted by dickus

I'm not an attorney licensed to practice in any state but I do have a law degree from a top-tier university. Left out of this discussion is the fact that the attorney-client privilege will not operate to forbid a lawyer from disclosing that the client INTENDS to commit a crime. In other words, if the attorney is advised that the client intends to commit acts x or y in violation of the criminal code, he is under a duty to disclose that intention to the authorities.

Not legal advice, either. Check with your local Douchebag-at-Law.

[gigi_gypsy]

Thank you slowlick and dickus.


First I would like to say that I don't think all lawyers are bad - he was just such a jerk to me and I felt like I had to pay him since I told him why I wanted him on retainer.

With the lawyer (douche) who I have on retainer, I did everything wrong and then he took my money (5K) to be on retainer. Did I lose my money? I thought I was doing something proactive and it will be very disheartening to think I lost all this money.

If so, how do you put another lawyer on retainer without telling him why?

How do I ask questions about laws without telling the lawyer why?

Regarding the new questions I want to ask, I emailed the lawyer on retainer the questions. I feel like such an idiot now.

[slowlick]

I'll try to address each of these questions.

First do not conduct confidential communications with anyone via email, ever. If done through an employers email system, you have no right to privacy. Additionally, email communications through public systems (gmail, yahoo, etc...) loses it's protection status after 180 days (Electronic Communications Privacy Act) and is accessible to law enforcement via subpoena (instead of a warrant-which means they can fish for information instead of meeting the standard for probable cause).

Without knowing the substance of the retainer agreement, the proper method for getting it returned is:

a. Write and send through certified mail a request asking for a detailed billing record of your account and the return of your retainer. Give them 14 days to return the unused portion. (keep a copy of the letter and the certified post mark)

b. After 14 days, send another certified letter to the attorney telling them if there is no contact with 72 hours, you'll be sending a letter the BAR association.

c. Send a letter of complaint to the state BAR association with copies of the first two letters, the mail receipts and a copy of Authority To Represent and Fee and Cost Agreement you signed with the attorney. In the letter state that you've asked for a detailed billing record of your account (send a copy of that if you receive it) and have requested the return of your retainer and have not received it.

Follow any instructions your receive from them, most likely you'll hear from your attorney rather quickly.

d. Be prepared to go to small claims court and file a claim.

The next attorney, find a good attorney (experience is a must) and discuss "past problems" and your fear that they may come back to haunt you. You can freely talk about past actions but do not discuss current or future acts.

--This communication does not constitute "legal advice", nor does it form an attorney-client relationship. This communication is provided for the purpose of general informational purposes only. Additional facts and information pertaining to the relevant question above could significantly change this response and make it inapplicable to your personal circumstances.--

[dickus]

Some bar association disciplinary authorities may classify this matter as a "fee dispute" and demur by stating that they do not get involved in "fee disputes." Each state varies. Failure to communicate with a client or to keep the client reasonably involved in any matter is an ethical violation that will result in a disciplinary file being opened.

As for blindly retaining a lawyer without discussing with him the reason for the retainer is unlikely to meet with any success. The attorney-client privilege is designed to protect from disclosure anything a client tells a lawyer (or one she is contemplating hiring) for the purpose of seeking legal advice. Having a lawyer "on standby" doesn't trigger a privilege against disclosure. I doubt many lawyers would accept a retainer just to be "on standby" without full disclosure of the matter that caused you to seek him out, because then he or she would not know what matters he can or can't accept from other potential clients in order to avoid a conflict of interest.

If you go to an attorney and disclose to him that you are involved in the profession and want someone available to represent you when and if you cross swords with LE, the lawyer cannot disclose your profession or anything that incriminates you that he learned from you, whether he accepts your retained and thereby creates an attorney/client relationship or not. If you have questions about the legal ramifications about something that's happened in the past, likewise the communications you have with an attorney are privileged whether he accepts a retainer or not.

Again, I'm not a lawyer (or a Douchebag), but I did stay at the Holiday Inn Express last night.

[gigi_gypsy]

Originally Posted by dickus

Again, I'm not a lawyer (or a Douchebag), but I did stay at the Holiday Inn Express last night.

Thanks for the laugh with this last line.