Legal Question in Criminal Law in New York

Re: confidentiality

If you consulted the first attorney with the intention of being a client then the lawyer-client privilege attaches,and therefore your communication is confidential.

Re: confidentiality

This is a complicated question on the issue of 'privilege'. What matters is 'why' you spoke with that lawyer. If you were seeking legal aid or even advice on that issue, then the attorney-client privilege is triggered. If is was for another purpose, then it is not.

This is a simple answer to a complex question. I can give a more detailed answer if you tell me more about the situation.

Re: confidentiality

This is a very complicated question which is usually quite fact specific. The key is whether your statements to the attorney were being made in the context of an attorney-client setting. You may read that and ask yourself what that means. Oddly enough there are many lawyers who also get confused on this answer and you would probably get different answers from different lawyers. Truthfully, I will need more details to answer this question. In short, it would appear that if you had an initial consultation with an attorney in his/her office, that revealing your communications to that attorney would be a breach of the attorney client privilege. However, if for example, you approached an individual on the street, told him you just robbed somebody, and that person happens to be an attorney, just his being an attorney does not automatically deem this to be a privileged communication. In fact, it probably is not. Unfortunately, most scenarios fall in between these two and thus, a proper analysis must be conducted and research must be done. Feel free to call me at 646-209-8213 for assistance. You may visit my website as well at the url: www.courtmartialbrand.com. Good luck.

Steven Brand, Esq.

The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven T. Brand, Esq. and any recipients.

Re: confidentiality

If you consult the lawyer about the issue and you confided in him and you decide not to use him, the lawyer cannot disclose your confidences