"Explicitly marked as private" lmao It's like Michael Scott trying to "declare bankruptcy"
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The thing guys like this do isn't even "try to determine what the rules objectively are", it's to MAKE UP rules that benefit them and then ACT LIKE those are objective rules no one could object to
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Like they're my boss and I'm the employee "And I just told you that in confidence, so if you tell anyone else you're in big trouble" Uh maybe you should've let with that first, and gotten me to acknowledge and agree to it, considering you have no authority or power over me
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That was a good line from Boston Legal Alan shows up at some dude's house in response to an "urgent" phone call with no details and the guy flings open the door and screams "I JUST KILLED MY WIFE"
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"Uh... wait, um... you can't call the cops on me for saying that, right? That's a rule? Attorney client privilege?" *deep breath* "It probably would've been a better idea to ask me that first"
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(Contrary to what Saul Goodman told Walt and Jesse in the famous "gimme a dollar" scene, money does not have to change hands to establish the existence of attorney-client privilege But the attorney does have to actually agree to take you on as a client)
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No, this is false. You can discuss your case w an attorney, gratis, to determine whether you need an attorney, whether the attorney wants you as a client, and whether you want to retain that attorney. No advice nec. Otherwise, you'd both have to contract for services blindly.
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The way I had it explained to me was that you, as the client disclosing information, need to have *some reasonable expectation* that you have an "attorney-client relationship" with the attorney You don't have to pay them money, you don't have to sign up for anything long-term
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Replying to @arthur_affect @InfoSecAdrian and
But there has to be some indication that, you know, the attorney is agreeing to talk to you as an attorney Can't just pop your head through the window yelling "I KILLED MY WIFE"
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Replying to @arthur_affect @InfoSecAdrian and
The situation in the Boston Legal episode was "ambiguous", because while the very first words exchanged between the guy and Alan were indeed "I KILLED MY WIFE", he did leave a frantic voicemail at the office demanding "help" and Alan did decide to drive down to the address
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So there's a fairly strong argument that by showing up at all Alan did give the guy a "reasonable expectation" of a privileged conversation, which is why in this scene he visibly hesitates, sighs, and goes "All right, let's call this privilege"
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Replying to @arthur_affect @InfoSecAdrian and
I don’t remember the technical term for it but I’ve been in a situation once where an attorney helped me file legal papers but very explicitly did not take on any of the obligations or privileged of representation. I think legally speaking he was helping me represent myself?
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