Legal Question in Legal Ethics in California
Are Financial Arrangements Between Attorney and Client Privileged?
We are in a legal case where our attorney is billing by the hour instead of contingency. The other side is demanding to know how much we have paid our attorney so far (not how much he has billed but how much we have paid him out of pocket). Aren't the financial arrangements between our attorney and ourselves privileged?
3 Answers from Attorneys
Re: Are Financial Arrangements Between Attorney and Client Privileged?
It is possible it may or may not be privleged depending on the circumstances but in most cases, regardless of privlege, that information would not have to be disclosed to the other side. What is your attorney telling you and are you getting good information from him or her?
Joel
Re: Are Financial Arrangements Between Attorney and Client Privileged?
Yes and no. It depends on the case. In Family Law Cases you must disclose on the income and expense declaration form what you have paid your attorney, and what you owe your attorney. However, generally in all other types of cases, this information would not be properly discoverable.
Re: Are Financial Arrangements Between Attorney and Client Privileged?
Yes, agreements between attorneys and clients are privileged. At the end of the case, if you are entitled to your attorney's fees, your attorney will make such a request either by noticed motion or request per contract, and the other side then will have a right to inspect a redacted (i.e. trimmed) time record to protect your attorney-client privilege and challenge it if the other side believes the time shown is excessive.