Are consultations with lawyers, without any formal retainment agreement, priviledged? (1 Viewer)

[Don Black]

If I confide in a lawyer who used to represent me formally, but who now does not officially represent me (and is still a member of the bar), is the information that I disclose still privileged? Namely, does an official retainer agreement need to be in place in order to guarantee confidentiality? Thanks!

 

[Michael Reuben]

It depends on the circumstances. To be privileged, communications with an attorney must be made for the purpose of seeking legal advice. A formal retainer agreement is solid evidence that you went to the attorney for legal advice, but it's not uncommon for advice to be sought and rendered without a formal agreement.

If the communication was for some purpose other than seeking legal advice (e.g., the attorney is your friend and you wanted someone to confide in), the communication isn't privileged.

M.

 

[Don Black]

Thanks. That makes sense.