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Are attorney consultations considered legal advice?

New York, NY |

Can you hold one accountable for his/her advice or privacy concerns during a consultation? What is the significance of a signed agreement if you have or don't have one?

Attorney Answers 3

Posted

It depends. Answers to questions on forums like Avvo are not considered legal advice because there is no attorney-client relationship. If there is an office meeting more likely than not there is legal advice being given, especially if you paid a fee, but not always. Whether you can hold someone accountable depends on a variety of factors such as whether the advice was negligent and whether or not the error was fixable. You should consult with an attorney who does legal malpractice cases.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Posted

A consultation invokes the attorney client privilege and the attorney cannot violate it. What do you want to hold the attorney accountable for.,

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

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2 comments

Asker

Posted

i'm enrolled in paid service for unlimited consultations. I don't know what kind of relationship that creates and if the attorneys can be held accountable for their actions.

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

It creates an attorney client privilege. How do you want to hold them accountable. Did they give bad advice? Reveal a secret?

Posted

A formal consultation with an attorney in his officer via telephone conference creates an attorney client relationship for which an attorney can be held liable. A forum such as Avvo which is public does not meet this standard. The consultation has to be private between a client and his counsel.

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