Nonlawyers Arguably Practicing Law?

Nonlawyers Arguably Practicing Law?

I agree 100% percent with the Nassau Bar.  There are plenty of lawyers who would be willing to help those in need, and due to the legal training you receive in law school and even in bar prep, with all due respect to the nonlawyers offering their time, could likely provide higher-quality services.


Roger Clemens’ Communications Not Subject to Attorney-Client Privilege

Roger Clemens’ Communications Not Subject to Attorney-Client Privilege

There are special rules for communications between clients and third-parties not employed by your lawyer.  Ordinarily these communications are not privileged.  The exception is when the nonemployee (such as an expert witness) is working as an agent (similar to an independent contractor relationship) to your attorney.  In that case, the third party is an “arm” of the lawyer’s office, and communications are protected the same way they would be as if you were speaking with your attorney.

It is important that there be documentation of this unique relationship to preserve the privilege.  Also, you should pay your attorney for the third party’s services, who should pay the third party, rather than your paying the third party directly.  This too shows that the expert or other third party is an agent of the attorney.