Reading Between The Lines In Terms Of Who The DOJ Is Going After
Jun 29, 2022 21:34:53 #
Seizing phones and records of attorneys is typically no man's land, attorney client privilege makes it a quagmire. In order for the DOJ to be able to convince a judge they have grounds requires proving they have evidence of crimes, and that they include the key figures such as trump.
The seizures and searches recently exercised tell the story...believe it
The seizures and searches recently exercised tell the story...believe it
Jun 29, 2022 22:04:58 #
Attorney-client privilege
Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and their client private. Communications made to and by a lawyer in the presence of a third party may not be entitled to this privilege on grounds that they are not confidential.
The privilege can be affirmatively raised in the face of a legal demand for the communications, such as a discovery request or a demand that the lawyer testify under oath. A client, but not a lawyer, who wishes not to raise attorney-client privilege as a defense is free to do so, thereby waiving the privilege.
This privilege exists only when there is an attorney-client relationship.
Under the Model Rules of Professional Conduct, the attorney-client privilege exists for a potential client. Under Togstad v. Vesely, 291 N.W.2d 686 (1980), a non-client can claim to be a prospective client if:
The non-client seeks legal advice,
Then the non-client reasonably relies on that advice as legal advice, and 3) the attorney does not attempt to dissuade the non-client from relying on the advice.
The non-client is considered a prospective client under Togstad, then the attorney-client privilege will extend to that prospective client.
While attorney-client privilege generally prevents evidence from appearing at trial, a few exceptions exist. As established in Garner v. Wolfinbarger, a corporation is not entitled to attorney-client privilege against its shareholders so long as the shareholders have good cause to breach the privilege. Additionally, communications made to an attorney for the purposes of furthering a crime are not entitled to this privilege.
Furthermore, some courts can also obtain information despite attorney-client privilege if there exists overriding public policy interest. For example, a lawyer can be required to disclose the location of their client if doing so furthers the wellbeing of a child.
Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and their client private. Communications made to and by a lawyer in the presence of a third party may not be entitled to this privilege on grounds that they are not confidential.
The privilege can be affirmatively raised in the face of a legal demand for the communications, such as a discovery request or a demand that the lawyer testify under oath. A client, but not a lawyer, who wishes not to raise attorney-client privilege as a defense is free to do so, thereby waiving the privilege.
This privilege exists only when there is an attorney-client relationship.
Under the Model Rules of Professional Conduct, the attorney-client privilege exists for a potential client. Under Togstad v. Vesely, 291 N.W.2d 686 (1980), a non-client can claim to be a prospective client if:
The non-client seeks legal advice,
Then the non-client reasonably relies on that advice as legal advice, and 3) the attorney does not attempt to dissuade the non-client from relying on the advice.
The non-client is considered a prospective client under Togstad, then the attorney-client privilege will extend to that prospective client.
While attorney-client privilege generally prevents evidence from appearing at trial, a few exceptions exist. As established in Garner v. Wolfinbarger, a corporation is not entitled to attorney-client privilege against its shareholders so long as the shareholders have good cause to breach the privilege. Additionally, communications made to an attorney for the purposes of furthering a crime are not entitled to this privilege.
Furthermore, some courts can also obtain information despite attorney-client privilege if there exists overriding public policy interest. For example, a lawyer can be required to disclose the location of their client if doing so furthers the wellbeing of a child.
Jun 29, 2022 22:08:46 #
Blade_Runner wrote:
b Attorney-client privilege /b br br Attorney-c... (show quote)
My point here had more to do with the fact that the subpoenas the DOJ exercised tell a story about who and what they are going after, and it is the people closest to trump and the most active in trump's conspiracy to overturn the election under fraudulent means.
Jun 29, 2022 22:22:32 #
woodguru wrote:
Get over it, man, the attempt to right a grievous wrong failed, My point here had more to do with the fact that the subpoenas the DOJ exercised tell a story about who and what they are going after, and it is the people closest to trump and the most active in trump's conspiracy to overturn the election under fraudulent means.
and the consequences of that failure are dire.
Our country is now falling fast into a bottomless shithole from which there may be no possibility of recovery.
DMF!
Jun 30, 2022 04:08:27 #
woodguru wrote:
Seizing phones and records of attorneys is typically no man's land, attorney client privilege makes it a quagmire. In order for the DOJ to be able to convince a judge they have grounds requires proving they have evidence of crimes, and that they include the key figures such as trump.
The seizures and searches recently exercised tell the story...believe it
The seizures and searches recently exercised tell the story...believe it
Really? They were able to gain FISA warrants based off an obviously phoney dossier...this surprises you?
To each is own I guess.
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