Kan Dail
Individuals and businesses are not always aware of the appropriate legal action steps to take. The complexity of the case specifics can create confusion over the best approach to resolve these matters. Plus, financial limitations and concerns about safeguarding company and individual reputations are additional concerns that make finding the proper representation difficult to come by.
While every case is unique, certain factors can give clients some sense of direction regarding which path to take to pursue legal assistance. Particularly sensitive information renders the support of an experienced law firm. The law firms that have the know-how to represent such cases are the ideal representatives to work with; these professionals can make resolving these case specifics less of a burden.
You likely understand that the information regarding your case is sensitive, but you’re not sure where to go from there. Thankfully, this article covers information you may be wondering about, such as the extent of attorney-client privilege as well as the kinds of cases that are indicative of receiving sensitive client representation. Read on to learn how law firms like Nix Law can represent you in your sensitive legal dispute while reducing liabilities as much as possible.
The Essentials Of Attorney-Client Privilege
The attorney-client privilege protects the client from breaches of their disclosures of sensitive personal information and helps the attorney do their job. When clients know they can confide without the threat of repercussion, they are more willing to share intimate details that can help the attorney piece together information and build a stronger case. As practical and helpful as this system appears, there are situations where the privilege does not apply.
When Attorney-Client Privilege Is Not Guaranteed
In certain situations, the protection of one’s disclosures is not guaranteed. The legalities surrounding how the privilege is utilized when the client is a corporation are still relatively unclear. Although the extent to which the privilege is used or denied is still undetermined, the following situations deny the guaranteed protection of attorney-client privilege.
Attorney-client privilege should not be presumed when:
- the individual seeking legal advice does so to commit a crime
- strangers overhear informational disclosures; they are not obligated to protect the sensitive information they overhear
- disclosures are made before establishing the attorney-client relationship
When Attorney-Client Privilege Is Guaranteed
Attorney-client privilege is guaranteed when both parties have agreed to the attorney-client relationship. The privilege is guaranteed when this relationship exists and client representation has been established. While the situations that deny the protection of attorney-client privilege vary, the circumstances when attorney-client privilege is granted are straightforward. Exceptions of the attorney-client privilege include situations that are controlled by public policy.
Common situations like these include:
- litigation issues related to the client’s death
- when clients sharing attorney-client privilege proceed in subsequent litigation
- laws enacted by Congress that protect the public, such as the USA Patriot Act
- factual details about meeting dates and durations and the fee arrangement that was determined and agreed upon between the attorney and client—all of this factual information is discoverable
Complex Cases That Fall Under Sensitive Client Representation
An experienced law firm may take certain precautions to protect sensitive client information; sometimes, client data requires the lawyer’s cooperation to protect the information. The extent to which these precautions are taken and additional measures required on a state or federal level may vary.
The complex cases that fall under sensitive client representation include:
- Whistleblower And False Claims Act Litigation
- Governmental And Sovereign Representation
- Crisis Management
- Corporate & Reverse Contingency Representation
Here is some general information on the individual case types that fall under sensitive client representation at Nix Law:
Whistleblower And False Claims Act Litigation
The False Claim ACT gives private citizens the right to blow the whistle or act as FCA “realtors” on businesses and people who have committed fraud against the government. Law firms work on these cases on behalf of the government. Individuals in this position are encouraged to speak up with incentives from the federal government via rewards of some of the funds that are returned following litigation. Additional programs further incentivize whistleblowers to give information about crimes of insider trading, accounting fraud, and similar crimes against the government. The sensitive client representation may include clients across different industries, such as finance, insurance, healthcare, and accounting.
Governmental And Sovereign Representation
Government entities in need of sensitive client representation may be working toward the goal of recovering financial damages. Nix Law understands that working with a governmental entity is a uniquely challenging task, as there are many aspects of client information to protect and the need for strategic involvement regarding policies, politics, and the media, as they each relate to the situation.
Crisis Management Cases
Crisis management cases range from a variety of business and public relations situations. Skilled public affairs officials and communication experts are included in addressing crisis management cases. The goal is to resolve each crisis quickly while minimizing the harm that may result on an economic, reputational, and legal level.
Corporate & Reverse Contingency Representation
Corporate legal departments require sensitive client representation when there is a need to defeat claims against them. Corporations need sensitive client representation to help them discover new opportunities to recover financial claims and to identify compensation they are entitled to receive. Major airlines, hotel and resort chains, and other large companies can utilize the support of sensitive client representation.
Contact A Law Firm To Resolve Your Complex Case
Cases that require sensitive client representation in law firms need expert legal assistance to resolve complex legal issues successfully. If your case falls under sensitive client representation, contact a law firm to learn more.