Attorney Client Privileges - Terms Defined
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Last blog we looked at the definition of attorney/client privilege in Nevada.
This blog we examine the definitions within the definition.
For instance, under Nevada law, the term "client" is defined as follows:
49.045. "Client" defined
"Client" means a person, including a public officer,
corporation, association or other organization or entity, either public
or private, who is rendered professional legal services by a lawyer,
or who consults a lawyer with a view to obtaining professional legal
services from him.
Interestingly, there is always an argument that you become a "client" of an attorney, at least for the purpose of obtaining privilege, as soon as you talk to an attorney about your case and regardless of whether you retain him or pay him.
Let's look at a few other definitions:
49.055. "Confidential" defined
A communication is "confidential" if it is not intended to
be disclosed to third persons other than those to whom disclosure
is in furtherance of the rendition of professional legal services to
the client or those reasonably necessary for the transmission of the
communication.
49.065. "Lawyer" defined
"Lawyer" means a person authorized, or reasonably believed
by the client to be authorized, to practice law in any state or nation.
*Note here that the lawyer may not even be licensed to practice in Nevada, but if you think he is, privilege may apply.
49.075. "Representative of the client" defined
"Representative of the client" means a person having
authority to obtain professional legal services, or to act on advice
rendered pursuant thereto, on behalf of the client.
49.085. "Representative of the lawyer" defined
"Representative of the lawyer" means a person employed by
the lawyer to assist in the rendition of professional legal services.
Next blog I'll set out the legal list of who may claim this privilege and what exceptions exist.