For lawyers and judges, the attorney client privilege, legal privilege and work product doctrines are a defining part of the American legal system. However, we often observe litigants (clients) do not fully understand what these mean. We believe a better educated a client is about the legal system, the better they are able to aid their attorney in advocating their case to their legal objective. This blog post highlights these three related, but distinct, legal tools. The attorney-client confidence is really basically what is seems to indicate. What you tell your attorney, with very limited exceptions, such as relaying your plan ...
Tag: attorney client relationship
August 18, 2015Adam Hayes
You have made the decision to divorce, and you have carefully researched, selected and hired an attorney, but your friend (a recent divorcee), or your uncle (a contracts attorney), has some input, or you researched different topics on the internet… and you’re starting to second guess your attorney. Divorce, and child issues particularly, can be very emotional subjects. While there are laws out there the guide courts in making decision, there are a lot of legal factors that play into those decisions (or your attorney’s opinion of what a court is likely to decide). Divorce can be a long and arduous ...
December 26, 2014CD
Often, divorce and other civil cases that are filed do not make it all the way to trial and the courtroom. In many, in fact a majority of, cases settle before the final hearing. This may be accomplished by mediation, settlement agreements, or reconciliation-to name a few. However, when a case does go to trial, there are several variables, including whether your case will be heard by a jury (not domestic cases) or by a judge, whether the trial will last one day or several days, how many witnesses will be called and so on. A great number of variables that ...
October 11, 2012CD
For the most part, all appeals in Indiana are taken to the Indiana Court of Appeals. It is quite common for trial counsel to suggest or direct a different attorney handle any appeal. In addition, a significant number of attorneys and law firms do not handle appeals. At Ciyou & Dixon, P.C. we find clients are sometimes unsure about how to help us–or the attorney they may select–with advancing their appeal. Almost universally, there are ten items, a checklist of sorts, you as a prospective client may have or can gather to make any appellate consult or new representation more meaningful. Each ...
October 27, 2011CD
Every attorney-client relationship and case share similarities. With divorce, this is no less the case. However, Ciyou & Dixon, P.C. attorneys observe divorces are often based on or laced with non-legal matters, such as the sense of loss of the marriage and fear of an unknown future. Or pure rage. Attorneys are all over the board on how they handle non-legal matters. Some, as with a horse with blinders, leave these components to therapists or the religious establishment to deal with. Other attorneys completely identify with their clients and take on their emotional state. Most fall somewhere in between lawyer and ...
October 25, 2011CD
A common concern we see as advocates for domestic clients is what happens in the time, sometimes substantial time, between a divorce filing and a divorce. Where children are involved, post-divorce matters may, unfortunately, drag on for years. Often Ciyou & Dixon, P.C. counsel face the indirect or direct question of how to live with the proceedings–uncertainty. There are no sure, fast or simple answers to live with this or any other of life’s burden, such as a tax audit or criminal investigation. “Worry” is a normal aspect of life. However, there are four (4) tried and true ways techniques we ...
September 22, 2011CD
One of the remarkable aspects of law, somewhat unlike medicine where insurance requirements often dictates medical care providers, is the ability to choose your legal counsel of choice. Selecting competent counsel in your legal area is but a starting point. There are many other variables that might merit consideration. Why? Most often, a legal matter involves an actual present or future potential conflict. This can have profound financial consequences (such as for a business client) to the loss of liberty (for a criminal client). Thus, prevailing, or failing to do so, should be backstopped by a confidence in legal counsel. At Ciyou ...
August 2, 2011CD
“In the throws of passion, we made a sex tape. Does this have any bearing on child custody in Indiana?” Probably not, despite the fact it may be embarrassing. At the broadest level, the Indiana Rules of Evidence only allow “relevant” evidence to be introduced into any given legal case. At Ciyou & Dixon, P.C. we are presented with racy photos or sex tape questions on a frequent basis. We find in most cases, this material is not relevant because under the “best interests” standard trial courts must consider for admitting evidence, this is not relevant. Nothing about normal human sexuality and ...
July 26, 2011CD