Can a lawyer discuss the case or give discovery to your power of attorney

UPDATED: Oct 2, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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