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For example, if the practitioner provides business or accounting advice rather than legal advice attorney–client privilege might not be established. Under federal tax law in the United States, for communications on or after July 22, 1998, there is a limited federally authorized accountant–client privilege that may apply to certain ...
The duty is sourced from a combination of contract law and equity arising from the distinctive relationship between lawyer and client. The solicitor or attorney is an agent of the client under the law of agency. In contract, the duty arises from terms contained in the retainer agreement. Complementarily, equity prohibits unauthorised use or ...
Attorney fees are negotiated between the attorney and client, subject to any limits imposed by state law and the general principle that an attorney fee must be reasonable. Although fee agreements in most cases can be oral agreements, it is good practice for lawyers to enter formal written fee agreements with their clients, and to clearly ...
For example, it allows a higher limit if the case goes to trial and even more if the case is appealed. Four of the states that limit attorney fees (Illinois, Maine, New York, and Wisconsin) explicitly allow a court to authorize a larger fee. Wyoming explicitly allows the client and attorney to contract for a larger fee.
Attorney–client privilege is a legal concept that protects communications between a client and his or her attorney and keeps the communications confidential in both civil and criminal cases. The privilege encourages open and honest communication between clients and attorneys.
A few jurisdictions have made this traditionally discretionary duty mandatory. For example, see the New Jersey and Virginia Rules of Professional Conduct, Rule 1.6. In some jurisdictions, the lawyer must try to convince the client to conform his or her conduct to the boundaries of the law before disclosing any otherwise confidential information.