Can a lawyer discuss the case or give discovery to your power of attorney
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Can a lawyer discuss the case or give discovery to your power of attorney
I hired a lawyer for my boyfriends criminal case I have power of attorney durable
the lawyer just withdrew but wont discuss case or give me itemized list of work
done I paid him but he says he has to only speak or provide statement to my
boyfriend who is several hours away since I have power of attorney cant he give
me the statement and final bill?
Asked on August 20, 2019 under Criminal Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Your boyfriend is the client of the criminal defense attorney, even if you'd been paying the bill. The problem is, anything the lawyer discusses with you will no longer be protected by lawyer-client confidentiality, despite you having a POA, because you are not the client; therefore, discussing anything about the case with you could theoretically expose information to the prosecution (e.g. if they were to subpoena you and put you on the witness stand). The lawyer would need your boyfriend to specifically, in writing, acknolwedge the risk and apoprove the lawyer speaking to you in order to ethically discuss matters with you and share information.
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