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I'm not an attorney, if a pro-se litigant tells me something about his case is it protected under attorney-client privilege?

Houston, TX |

This litigant is going through a divorce.

Attorney Answers 6


Attorney-client privilge applies to confidential communications made to attorneys for the purpose of obtaining legal advice. A communication made to someone other than an attorney will not be protected by the privilege, under general principles of law.

Not legal advice as I do not practice law in Texas. It's just my two cents on the facts you describe in light of general principles of law. If you need legal advice, please consult a lawyer who holds Texas licensure, not me.

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No. The privilege is based on the lawyer-client relationship. Without the relationship, there is no privilege.

I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.

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No. The privilege exists to protect that litigant; he/she may reveal it to anyone, anytime.

An attorney is prohibited from revealing protected information exchanged with a client.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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No, it is not. Other types of privilege may be applicable to this case, but there aren't many out there -- the key question would be the nature of your legal relationship with the pro-se litigant.

My answers to the questions are for general informational purposes only and do not establish an attorney-client relationship. Accuracy of answers is not guaranteed, as my answers contain broad assumptions -- as such, you may not be able to rely on the answer under the facts of your specific case. There are no "one size fits all" legal solutions because even slight changes in fact situations may require a material variance in the applicable advice. Once again, I am not your attorney.

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Not unless you work for a lawyer in furtherance of the lawyer's business. If it is a spouse, it may be protected.

The information contained herein is not to be construed as legal advice. The questioner should seek independant legal advice from a qualified attorney after establishing a proper business relationship. Forrest Welmaker is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. No attorney fees unless a recovery is made. Doctor referrals are usually available, depending on case. Should you need further information, please do not hesitate to contact the Welmaker Law Firm, P.C., for a free consultation. 210-828-6033 800-494-1916

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Probably not--unless you work for the law firm that has an attorney-client relationship with the pro-se litigant. Outside the attorney-client privilege, there are very limited instances in which a communication with someone who is not (or does not work for) your attorney will be protected by privilege (e.g., spousal privilege). Even sharing information with your friends or family (other than your spouse) that relates to a legal matter is not advisable because this information could be discovered in the event a lawsuit is filed.

This answer does not create an attorney-client relationship for purposes of representation, privileged communication, liability, or otherwise. This statement was based on general assumptions that may not apply to the specific facts of your case, so it is not advisable to act upon this response without further discussion. If you would like to explore this matter further, please contact Mr. Ivy through the contact information provided in his profile, or visit his law firm's website:

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