Q: Who is the client, if you hire, pay and sign agreement for another person in Texas?
After hiring, paying, signing agreement, sharing information with the attorney for a WRIT investigation for my brother 30 year old conviction,the attorney is now saying my brother is the client and can not share anything with me? She emailed me her opinion on the case prior to sending my brother her opinion. Per contract we signed I requested his file from her and she responded 'no' Per article 39.14; I am the third person. I paid her a$15,000 and a year later she tells me this. Did she previously violate attorney client privilege by sharing information with me in the past if I am now the 3rd party and my brother never gave her permission to share because we had no idea it was needed or that the attorney would stop sharing information with me.
A:
The client is the person or entity on whose behalf a lawyer is providing legal services regardless of who is paying for the service. For example, if an insurance company hires a lawyer to defend a policyholder in a lawsuit brought by a plaintiff, the policyholder--not the insurance company--is the client. Now an insurance company may have a contractual right to "control" certain aspects of the defense under the terms of its policy. But that does not make the insurance company the client.
Any information that she shared with you regarding your brother's case, and anything you shared with her, is not protected by the attorney-client privilege unless you were a person who had authority from your brother to obtain professional legal services for your brother.
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