Tag Archives: privilege

Attorney-Client Privilege: Some Secrets are Made to be Broken

01/13/2016 BowTieLawyer Leave a comment

Attorney–client privilege is a legal concept that protects communications between a client and attorney and prevents either from being compelled to testify to those communications in court, unless waived.

The attorney–client privilege is one of the oldest privileges for communications. The United States Supreme Court stated that by assuring confidentiality, the privilege allows clients to make “full and frank” disclosures to attorneys, who are then better able to provide candid advice and effective representation.

But, not everything is protected. Communications to third parties are not and neither are credible threats of serious bodily harm or death! “When a lawyer believes that it is reasonably certain that a death or substantial bodily harm will occur if the lawyer doesn’t reveal that information, then he may reveal that information.”

A Pennsylvania lawyer recently reported his client’s admitted actions when it was disclosed that the client planned to “take back” the home of his ex-girlfriend using an AR-15 rifle and body armor. Upon being arrested, the client, Howard Timothy Cofflin Jr., told police that he planned to kill his ex-girlfriend and anyone who tried to stop him. He had also allegedly searched on his cell phone for “how to kill a state trooper” and “killing with an AR-15.”

Cofflin, already charged with harassment and making terroristic threats, now he faces new charges of attempted murder, terrorism, aggravated assault and threatening to use weapons of mass destruction. http://www.abajournal.com/

Matthew Thompson is a Domestic Relations Attorney in Mississippi and advises clients as to what privilege means, what is protected and what rightfully is not.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Crime, Divorce, General Legal, Opinion

SpeakerPhone Faux Pas; Advise if it’s “OK” to Speak Freely!

01/08/2016 BowTieLawyer Leave a comment

Our hands free devices, speaker phones and Bluetooth devices make connecting super convenient. They also make it super easy to speak out of turn!

That inappropriate joke, the slew of curse words that you harangue your old college buddy with may not be appropriate over the Bluetooth speakers in the minivan.

Likewise, conversations between you and your attorney may not be appropriate to have in a public place or in front of others, even if they are not curse-filled diatribes. The fact that another person is present means the information they heard is not protected by attorney-client privilege.

Matthew Thompson is a Divorce and Family Law Attorney in Mississippi and reminds you to respect the duck and ask if it’s ok to speak freely.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Child Custody, Crime, Divorce, General Legal, Opinion

Don’t Talk too Much.

06/17/2015 BowTieLawyer Leave a comment

There is a saying that Confession is good for the Soul. But, confession may not be good for your future.

The desire to confess, to tell someone your secrets can be overwhelming, that is why lawyers, counselors and pastors/priests exist. These professionals are bound to keep your business your business. This is because these communications are protected by privilege; attorney-client, doctor-patient, and/or priest penitent.

That person you just met is not bound by anything. They can tell anyone they please and more importantly could be compelled to testify if legal proceedings were ever to be had. Even if you said something that was not true this person could say you said it.

Also, telling people your business is bad business. You never know when that certain something comes back to bite you.

Matthew Thompson is a Family Law Attorney in Mississippi and warns clients to not “tell-all” to non-privileged individuals.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms.

Child Custody, Divorce, General Legal, Marriage

Marital Privilege – From the Bedroom to the Courtroom.

09/27/2013 BowTieLawyer 1 Comment

We hear a lot about attorney-client privilege, doctor-patient privilege and even priest-penitent privilege, but there exists a marital spousal privilege, though application can be limited and tricky.

A spouse to spouse communication is confidential if it is made privately by any person to that person’s spouse and is not intended for disclosure to any other person. In any proceeding, civil or criminal, a spouse has a privilege to prevent that person’s spouse, or even a former spouse, from testifying as to any confidential communication between that person and that person’s spouse. The privilege may be claimed by either spouse in that spouse’s own right or on behalf of the other.

This means that a husband can prevent a wife from testifying about something he told her in confidence. It also means that an ex-husband can even prevent an ex-wife from testifying about something he told her in confidence, during the marriage.

So, you ask,“How can I testify about what my spouse said in my divorce case?”

Exceptions. There is no privilege under this rule in civil actions between the spouses (including divorce) or in a proceeding in which one spouse is charged with a crime against; (1) a minor child, or (2) the person or property of (i) the other spouse, (ii) a person residing in the household of either spouse, or (iii) a third person committed in the course of committing a crime against any of the persons described in (d)(1), or (2) of this rule. MRE 504.

Matthew Thompson is a family law attorney and warns you not to count on spousal privilege in a divorce action. So be careful about the content of those sweet nothings that you are whispering.

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Divorce, General Legal, Opinion

Keeping Quiet; Family Law’s Most Difficult Challenge

01/28/2013 BowTieLawyer 3 Comments

Loose lips sink ships, less is more, mind your business, and be nice or at least indifferent. All good advice, given everyday and routinely ignored.

Coping with litigation, especially family law litigation, is tough. “Venting” is common and can be therapeutic,(click here for dealing with stress) but be careful who you vent to. If it is done to the wrong person it will come back to bite you. But…you say, “I am only telling the truth.”

The truth is if your cheating spouse loses his job everyone is worse off. The truth is if your spouse, who is a sorry parent because they are more interested in going to the Electric Cowboy, is vilified in front of the children it will be harmful to them. (They will know in time. An exception may be made if the parent’s sorriness affects the children’s actual safety).

Also, telling people your business does not bode well for reconciliation. Telling your “friend that has been through this” what a crummy guy he is, how sorry he is, and how abusive he is, means you and that “friend that has been through this” will NOT be friends when you and Mr. Sorry get back together. I know what you are thinking, “No chance in hell of that,” but stranger things have happened…

So who can you vent to?

Your Lawyer. We are paid to listen, counsel and advise…though we all have our limits.
Your Counselor. It’s their job, too. They listen, do not judge and can offer coping mechanisms. Don’t have a counselor? Ask your lawyer.
Your Preacher. They have heard it before and are very familiar with Sodom and Gomorrah and fire and brimstone. Your situation is probably not that bad.
Your Momma. I don’t mean this in the slang sense. Really, speaking with a parent, or other trusted adult, can help, even if you are a grown-up, yourself. Just be careful because what you say to a lay person is not protected by attorney-client privilege, doctor-patient privilege, nor priest-penitent privilege. (I have less concern about you telling your mom how sorry he is because deep down mom always “knew” it).
Your Friend that has been through it. This can be a great resource of knowing what to expect and leaning on a sympathetic ear. Be careful here, too, as there is no privilege and she could be playing both sides, and reconciliation means y’all likely won’t be friends.

Be sure you let your attorney know who you are talking to. They need to know. They may have represented that friend, or otherwise been involved in that case, and may have some insight as to whether you should be talking to that person.

Matthew Thompson is a family law attorney that knows how to keep quiet about your business. Confidentiality and privilege are two things taken very seriously at TLF.