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When researching a lawyer, what sources of information do you have access to? Can you talk to past clients? Can you review the lawyer's past cases and judgements? See courtroom transcripts?

Most state bar associations have information regarding whether an attorney has ever been disciplined on their websites. Most courts today; state and federal have websites listing all their cases going back at least 15 years. If a potential client searched the name of the potential attorney, their current and past cases will come up. If the potential client wanted actual transcripts of cases they are public records and available. However, depending on the jurisdiction these transcripts could cost $3.00 to $5.00 per page. Almost all court proceedings are public records with a few exceptions of abuse/neglect and adoptions. If a potential client wanted to contact a former potential attorney's clients they may do so.The state and federal bars regulate attorneys for competence and ethics. They have referral services for clients. Additionally, there are numerous private attorney referral services online that have ratings and comments by their former clients.The question is: “why would anyone want to expend that kind of energy and time researching an attorney?” I would think that the underlying presumption by the prospective client is that all attorneys are incompetent, unethical or both. The reality like any profession is that about 3 to 5% are incompetent or unethical leaving 95% to 98% to being very professional, honest, hard working, ethical and competent.

What are the issues when the FBI and the courts review the evidence from the raids on Michael Cohen? What are issues re: attorney-client privilege? I expect disagreements between the prosecutors and Cohen.

IANAL, but I’m very interested in this and have been listening to smart people.First, there aren’t going to be issues between the prosecutor and Cohen, because the court has appointed a Special Master to do the privilege review. That should settle any complaints from either side.Second, attorney-client privilege. There’s a ton of bad information floating around about this. At the core, it’s really pretty simple. Attorney-client privilege exists for any communication between an attorney and another person that is for the purpose of seeking legal advance and for which there is a reasonable expectation of privacy. The point of privilege is to protect both clients from potentially having their lawyers testify against them and the lawyers from being forced to testify. It is not a shield against search or seizure, but an evidentiary rule that governs whether something is admissible in court.So, if you call an attorney to ask whether you should hire him for a specific matter, that would be covered by privilege even if you subsequently decided not to hire him (perhaps he recommended another attorney who specializes in those matters) and never paid him anything. Conversely, if you call your attorney whom you’ve hired and have under retainer to talk about a hot stock tip, that almost certainly wouldn’t be privileged. If you ask an attorney a question loudly in a public place where there are people around to hear it, that’s probably not going to be covered by privilege because there’s no expectation that you wanted the matter kept private; anyone who overhears the conversation would be able to testify about it. Similarly, a discussion with a third party present will often not be covered by privilege. An important note is that it is the client who has the privilege, not the attorney. If, for whatever reason, the client decides to release privileged information the attorney cannot prevent him from doing so or claim protection because the information is privileged. So Cohen, for example, cannot claim privilege for any communication between himself and Trump. That claim must be made by Trump or his lawyers. It appears to me that conversations between attorneys and clients are assumed to be privileged unless shown otherwise.That’s the basics. Then there are exceptions to privilege; the pertinent one in this case is called the crime-fraud exemption. This comes into play when a client is committing or intending to commit a crime or fraudulent act and communicates with his lawyer with the intent to further or cover up the crime or fraud. This doesn’t necessarily mean that the lawyer has to be involved in the crime, which is a common misconception. If you call up your attorney and say that you’re planning on committing bank fraud and want legal advice on the best way to structure the transactions so you won’t get caught, that wouldn’t be privileged even if the lawyer said the only advice he could give you would be, “don’t do it.”

Conversion Optimization: What should I look for when reviewing a proposal to migrate a media site to Drupal? I'm to make a recommendation on whether my client should have his site redesigned in drupal by this vendor, who already works regularly w/ my client.

I'd be weary of any proposal over 5-10 pages for anything but an enterprise solution in this day and age; certainly not for deploying something as completely standardized as a Drupal backed site. If the vendor already has a good relationship with your client and is already doing the bulk of the site management, then perhaps it does make sense to move to a CMS like Drupal.Though, I wouldn't dismiss the proposal out of hand based on its length either. A lot of smaller providers will attempt to convey a sense of competence or completeness by putting in a lot of unneeded fluff. The core of the proposal should distill what benefits will be gained by the migration, the time it will take to deploy, and the cost. Those would be my factors. Without knowing how the site is currently setup, it makes it difficult to give a good evaluation here.

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