The most serious of Legal Questions(Sokb?)

[chef]

Well recently, i have been wondering about some things.
Mainly, how far does client confidentiality go with a lawyer or something like that.
For example, if i'm having a session with a lawyer , if i threaten to kill my laywer, can he go through and charge me with assault. Similarly, if i tell him to his face i am going to steal his car and kill his family, and after he finishes for the day he finds his car stolen and his family dead, before their is an arrest, or even in court, is there anything he can do to point the police towards me ? What if the information about telling him of killing his wife is relevant to the existing case?

Also what if, say for a class action, theres a group of you with the lawyer and you tell of them in front of him he is a shitty lawyers and touches little boys, can he sue for slander?

Clearly the most important of questions
And can you imagine, that the person who asks such amazing questions will be studying law next year

 

[gomezcat]

Welcome back to the Planet, chef. I hope you have been enjoying the Ashes.

 

[Box_O_Rocks]

Depends on the lawyer - SOKB would just pull out his M1 Abrams personal protection tool and sue your estate for getting his office messy. Flagg would stop billing by the hour and start billing by the word - and you know how he runs on, and on, and on, and on, and ...

 

[Flagg the Wanderer]

All answers are NH law as best as I can recall without actually looking. That is to say, this is all probably wrong. Don't take it as legal advice.

Well recently, i have been wondering about some things.
Mainly, how far does client confidentiality go with a lawyer or something like that.
For example, if i'm having a session with a lawyer

Sounds like your lawyer offers more "personal service" than I do...

, if i threaten to kill my laywer, can he go through and charge me with assault.

No, he could charge for criminal threatening

Similarly, if i tell him to his face i am going to steal his car and kill his family, and after he finishes for the day he finds his car stolen and his family dead, before their is an arrest, or even in court, is there anything he can do to point the police towards me ?

Yes, that is not privileged.

What if the information about telling him of killing his wife is relevant to the existing case?

Irrelevant. In fact, none of this matters because talking about a future criminal act is not privileged at all. If that weren't the case, it would be entirely legitimate for an attorney to take a gig with the mafia advising them on the best way to commit crimes and stay protected. Lawyers do, in fact, do this, but it is not legitimate practice, as you might have guessed.

Also what if, say for a class action, theres a group of you with the lawyer and you tell of them in front of him he is a shitty lawyers and touches little boys, can he sue for slander?

Probably. I never really got into the whole slander and libel thing, but since he's not a public figure, it's not true (assumed), and it creates substantive damages, you're probably in trouble. But remember that the truth is always a defense to slander or libel.

Now, so as not to disappoint Box, I will ramble on for awhile.

Actually, now I won't. Just to disappoint Box.

 

[chef]

No, he could charge for criminal threatening

Ahh, but i think down here, as long as they felt they were in danger it would qualify as assault

Yes, that is not privileged. Irrelevant. In fact, none of this matters because talking about a future criminal act is not privileged at all. If that weren't the case, it would be entirely legitimate for an attorney to take a gig with the mafia advising them on the best way to commit crimes and stay protected. Lawyers do, in fact, do this, but it is not legitimate practice, as you might have guessed.

Sounds fair enough, but what if say you killed his wife, then asked to represent you, told him everything, then changed lawyer before the committal hearing?

Actually, now I won't. Just to disappoint Box.

Just talk a bit more about Sergio Kindle and Von Miller in your rants, he seems to really like those 2

 

[Box_O_Rocks]

What makes you think he doesn't ramble about Kindle and Miller?

 

[sonsofkraftybob]

There is no confidentiality with regards to the planning of future crimes. I am required to tell the Police. I wouldn't though unless it was really big.

You can slander your attorney. The confidentiality ends when there are more people present than just you and your lawyer.

I just assume all my clients are guilty and never ask if they indeed "did it".

 

[BostonTim]

Ahh, but i think down here, as long as they felt they were in danger it would qualify as assault

Not licensed in NH, but pretty simple threshold to meet if there anywhere near normal there. He/She says "I felt threatened" and that's about it. What do you say? Sure I'm he/she is lying? Even if one thought you were PROBABLY kidding, the smallest nagging doubt would do the job.

Cheers, BostonTim

 

[CleatMarks]

Yeah, but if I raped his wife and tore his infant child's head of and shat down his neck, would confidentiality be valid if I smoked his daughter's hair in a blunt?

I'm just checking in case it ever comes up. ROFL

 

[sonsofkraftybob]

Yeah, but if I raped his wife and tore his infant child's head of and shat down his neck, would confidentiality be valid if I smoked his daughter's hair in a blunt?

I'm just checking in case it ever comes up. ROFL

Fitting post for # 6666.

 

[PatsRUs]

Well recently, i have been wondering about some things.
Mainly, how far does client confidentiality go with a lawyer or something like that.
For example, if i'm having a session with a lawyer , if i threaten to kill my laywer, can he go through and charge me with assault. Similarly, if i tell him to his face i am going to steal his car and kill his family, and after he finishes for the day he finds his car stolen and his family dead, before their is an arrest, or even in court, is there anything he can do to point the police towards me ? What if the information about telling him of killing his wife is relevant to the existing case?

Also what if, say for a class action, theres a group of you with the lawyer and you tell of them in front of him he is a shitty lawyers and touches little boys, can he sue for slander?

Clearly the most important of questions
And can you imagine, that the person who asks such amazing questions will be studying law next year

You sound like more of the creative type, you sure you want to pursue this law thing? I'm thinking writer for Law and Order-Special Victims Unit might be a better fit.

 

[Flagg the Wanderer]

Ahh, but i think down here, as long as they felt they were in danger it would qualify as assault

Not licensed in NH, but pretty simple threshold to meet if there anywhere near normal there. He/She says "I felt threatened" and that's about it. What do you say? Sure I'm he/she is lying? Even if one thought you were PROBABLY kidding, the smallest nagging doubt would do the job.

This is more standard, though I think both of you are overstating how easy the threshold is. My understanding is that where assault is used like this (but see below), the threshold is placing someone in a reasonable fear of imminent harm. I know some jurisdictions don't use reasonable, just actual fear. But imminent is important. If I say "I'm going to beat you senseless next Tuesday at 10", that's not assault, that's threatening. On the other hand if I come at you screaming "I'm going to beat you senseless", that's assault.

HOWEVER

New Hampshire, being somewhat more common-sense-ical and moderately less retarded than most other states, defines the crime of "assault" the way, you know, normal people use it:

I. A person is guilty of simple assault if he:
(a) Purposely or knowingly causes bodily injury or unprivileged physical contact to another; or
(b) Recklessly causes bodily injury to another; or
(c) Negligently causes bodily injury to another by means of a deadly weapon.
II. Simple assault is a misdemeanor unless committed in a fight entered into by mutual consent, in which case it is a violation.

This caused me to look like an ass the first time it came up in a criminal case, because I went to law school in Mass for my 1L year when I took Crim.

:shrug:

 

[Box_O_Rocks]

This is more standard, though I think both of you are overstating how easy the threshold is. My understanding is that where assault is used like this (but see below), the threshold is placing someone in a reasonable fear of imminent harm. I know some jurisdictions don't use reasonable, just actual fear. But imminent is important. If I say "I'm going to beat you senseless next Tuesday at 10", that's not assault, that's threatening. On the other hand if I come at you screaming "I'm going to beat you senseless", that's assault.

HOWEVER

New Hampshire, being somewhat more common-sense-ical and moderately less retarded than most other states, defines the crime of "assault" the way, you know, normal people use it:

I. A person is guilty of simple assault if he:
(a) Purposely or knowingly causes bodily injury or unprivileged physical contact to another; or
(b) Recklessly causes bodily injury to another; or
(c) Negligently causes bodily injury to another by means of a deadly weapon.
II. Simple assault is a misdemeanor unless committed in a fight entered into by mutual consent, in which case it is a violation.

This caused me to look like an ass the first time it came up in a criminal case, because I went to law school in Mass for my 1L year when I took Crim.

:shrug:

So you're saying crime doesn't pay in NH? No wonder Mass. is invading.