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Messages - jimmyjohn

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Job Search / Re: How do you use contacts?
« on: November 06, 2008, 04:49:03 AM »
Just have a conversation with them like you would anyone else.  It's not that hard. 

It won't be the last time you don't get an A.  I made about 5 A's in my entire law school career after making probably less than 5 B's during my previous academic experience.  It's hard to accept that you aren't the smartest person in the class any more, but the sooner that you do accept that fact the easier it will be for you to come to terms with not making the absolute top grades. 

Current Law Students / Re: 1st Week Thoughts
« on: August 29, 2008, 09:53:37 PM »
You have a lot figured out. 

Civ Pro is easily the most important class you will ever take in law school.  It actually has practical value. 

Law professors are mostly blowhards who can't handle a career practicing law.  Just like your UG professors, the great majority of them don't understand much about the world that you one day hope to enter. 

You don't care if you finish?  So why did you start?

You might not care about class rank now, but you will when you have loans to pay back. 

How can you draw any conclusions about outlining and case briefing after 1 week?  Wait until you take at least one set of finals and have some grades before deciding whether it is worthwhile for you or not.   

Law review is overrated, I agree.  But again, how could you make a judgment after 1 week? 

Get used to the stupid questions and comments. 

Re-read your post in a year and you will laugh at it. 

Current Law Students / Re: Not Taking Evidence in Law School?
« on: August 29, 2008, 05:10:21 PM »
Just take it.  How can you call yourself a lawyer if you haven't taken evidence?

Just a thought, but why is a paralegal offering to draft a prenup for you?  Sounds like the unauthorized practice of law. 

Yes, they have to be in the testator's handwriting to be valid.  Some states will apply the surplusage rule to eliminate any immateral non-handwritten portions (letterhead, etc) and construe the handwritten portions only, but if the entire will is typewritten that would simply not be a holographic will.

In legal phrasing, I'm thinking the attorney-client privilege applies to the client, and that a duty of confidentiality then applies to the attorney.

However, can it also be said that the attorney-client privilege applies to the attorney? Or does the attorney only have a duty of confidentiality and not a privilege?

I'm not sure what you are asking here.  The attorney-client privilege and the duty of confidentiality are really two different things.  Confidentiality is broader than the attorney-client privilege as the privilege only applies to communications made to the attorney by the client for the purpose of securing legal advice.  The duty of confidentiality applies to any information obtained by the attorney (not just client communications) arising from the course of the representation, which can only be revealed with the consent of the client.

So, yes, the attorney is under a duty of confidentiality as Jacy noted.  The attorney cannot reveal any information without the client's consent, whether obtained through communications (atty-client prvilege) or by other means (confidentiality) that might harm the client or is not impliedly authorized by the representation.  

With the atty-client privilege, the atty. must claim the privilege on behalf of the client if the client is unavailable or cannot assert the privilege on their own.  

Current Law Students / Re: If I fail the bar....
« on: July 18, 2008, 08:31:16 PM »
Don't something like 90% of people pass this sucker in most states?  Why are you people so worried?

Even in the easiest of states the pass rate is not 90%.  It's hard to relax when your law license is on the line.  You'll understand one day. 

Current Law Students / Re: NCBEX Bar Passage Rates
« on: July 17, 2008, 09:27:25 PM »
65% in NC overall, 72% in July. 

Yeah, I'm a little scared about that. 

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